Stanski v. Ezersky
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
On a prior appeal in this action, we held that the defendant attorneys in this legal malpractice action breached a nondelegable duty of care owed to plaintiffs, their former clients, in failing to make proper service of process in the underlying medical malpractice suit which plaintiffs had engaged them to prosecute on their behalf (Stanski v Ezersky, 210 AD2d 186). In remanding the matter for trial, we further held (supra, at 186-187) that in order to recover, "plaintiffs must demonstrate that they 'would have prevailed in the underlying action * * * if the negligence had not occurred’…
2Cases cited13 opinions
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- Abbott v. Page Airways, Inc.New York Court of Appeals · 1969
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