Shumsky v. Eisenstein

OPINION OF THE COURT

Levine, J.

In April 1993, plaintiffs David Shumsky and Marjorie Scheiber retained defendant Paul Eisenstein, an attorney, for the specific purpose of commencing an action against Charles Fleischer, a home inspector, for breach of contract. Defendant did not contact plaintiffs to keep them informed and, in fact, avoided plaintiffs’ inquiries regarding the status of the matter.

In response to a formal disciplinary grievance plaintiffs filed against him in September of 1997, defendant admitted that he had failed to commence the action against Fleischer before the Statute of…