Legal Opinion

Mignott v. Kreidman

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

Decided September 29, 2009PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered March 24, 2005, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Defendant attorneys were not negligent for failing to anticipate an appellate development (see Darby & Darby v VSI Intl., 95 NY2d 308 [2000]; Gabrielli v Dobson & Pinci, 51 AD3d 571, 572 [2008]). Although their position was later rejected in Baez v New York City Health & Hosps. Corp. (80 NY2d 571 [1992]) and on appeal in the underlying medical malpractice action (Mignott v New York City Health &…

2Cases cited6 opinions

  1. Darby & Darby, P. C. v. VSI International, Inc.New York Court of Appeals · 2000
  2. Baez v. New York City Health & Hospitals Corp.New York Court of Appeals · 1992
  3. Serravillo v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1976
  4. Mignott v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Rivas v. Raymond Schwartzberg & Associates, PLLCAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by1 opinion

  1. Baer v. Law Offices of Moran & GottliebAppellate Division of the Supreme Court of the State of New York · 2016

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