Legal Opinion
Duffy-Duncan v. Berns & Castro
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 2007PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered November 22, 2006, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Summary judgment was properly denied in this action for *490legal malpractice, where defendants’ admitted failure to timely serve a notice of claim on the New York City Transit Authority (NYCTA) precluded plaintiff from prosecuting his personal injury action arising out of his alleged slip and fall on a patch of ice located on an elevated subway platform. Defendants failed to make a prima facie…
2Cases cited2 opinions
- Ralat v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Boarman v. Siegel, Kelleher & KahnAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by4 opinions
- Lebron v. Napa Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Bryndle v. Boulevard Towers, II, LLCDistrict Court, W.D. New York · 2015
- Congemi v. Wal-Mart Stores East, LPDistrict Court, S.D. New York · 2021
- Gamino v. DDSR Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2017