Legal Opinion
Cabrera v. Collazo
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 2014Published
1Opinion of the Court
OPINION OF THE COURT
Tom, J.E
The remarkable defense proffered in this professional malpractice action is that an attorney who neglects a matter so that the statute of limitations runs against his client cannot be held legally accountable if the attorney happens to expire before the applicable limitations period. A cause of action for attorney malpractice requires: “ ‘(1) the negligence of the attorney; (2) that the negligence was the proximate cause of the loss sustained; and (3) proof of actual damages’ ” (Kaminsky v Herrick, Feinstein LLP, 59 AD3d 1, 9 [1st Dept 2008], lv denied 12 NY3d 715…
2Cases cited16 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- McCoy v. FeinmanNew York Court of Appeals · 2002
- Arrington v. New York Times Co.New York Court of Appeals · 1982
- Glamm v. AllenNew York Court of Appeals · 1982
- Ackerman v. Price WaterhouseNew York Court of Appeals · 1994
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