Legal Opinion

Bonilla v. Abbott

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

Decided September 23, 1985PublishedCited by 14 opinions

1Opinion of the Court

In an action to recover damages for legal malpractice, defendants appeal from an order of the Supreme Court, Kings County (Mirabile, J.), dated April 17, 1984, which denied defendants’ motion to dismiss the complaint.

*862Order affirmed, with costs.

The two-year period of limitations for wrongful death actions runs from the date of a decedent’s death (see, EPTL 5-4.1). Since plaintiff was available and qualified to act as the administrator of decedent’s estate within the statutory limitations period, defendants should have honored their retainer agreement by timely commencing the wrongful death…

2Cases cited9 opinions

  1. Ratka v. St. Francis HospitalNew York Court of Appeals · 1978
  2. Winbush v. City of Mount VernonNew York Court of Appeals · 1954
  3. Mossip v. F. H. Clement & Co.Appellate Division of the Supreme Court of the State of New York · 1939
  4. Stutz v. Guardian Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1947
  5. Mossip v. F. H. Clement & Co.New York Court of Appeals · 1940

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

3Cited by14 opinions

  1. Gardner v. JaconAppellate Division of the Supreme Court of the State of New York · 1989
  2. Barrett v. StateAppellate Division of the Supreme Court of the State of New York · 1990
  3. Greene v. Abbott LaboratoriesAppellate Division of the Supreme Court of the State of New York · 1989
  4. Cruz v. Korean Air Lines Co., Ltd.District Court, S.D. New York · 1993
  5. D'Andrea v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1986

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

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