Legal Opinion

Dempster v. Liotti

Appellate Division of the Supreme Court of the State of New York

Decided May 24, 2011PublishedCited by 64 opinions

1Opinion of the Court

OPINION OF THE COURT

Belen, J.

We are asked to consider whether an attorney who failed to oppose a motion to dismiss the complaint in an action underlying a legal malpractice action, and thereafter failed to file a timely notice of appeal from the order that granted the motion to dismiss, is entitled, under the facts of this case, to summary judgment dismissing the legal malpractice cause of action on the ground that such negligence did not proximately cause the dismissal of the underlying action. Here, we conclude that, since the underlying action was time-barred as a matter of law, the…

2Cases cited31 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Agency Holding Corp. v. Malley-Duff & Associates, Inc.Supreme Court of the United States · 1987
  3. Rotella v. WoodSupreme Court of the United States · 2000
  4. Klehr v. A. O. Smith Corp.Supreme Court of the United States · 1997
  5. Rudolf v. Shayne, Dachs, Stanisci, Corker & SauerNew York Court of Appeals · 2007

26 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. Bua v. Purcell & Ingrao, P.C.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Keness v. Feldman, Kramer & Monaco, P.C.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Schiller v. Bender, Burrows & Rosenthal, LLPAppellate Division of the Supreme Court of the State of New York · 2014
  4. Blanco v. PolancoAppellate Division of the Supreme Court of the State of New York · 2014
  5. Cervini v. ZanoniAppellate Division of the Supreme Court of the State of New York · 2012

59 more not listed; retrieve them via the Exa API.

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