Hamilton v. Dannenberg

This action was instituted against defendant, an attorney at law, for damages resulting from his failure to proceed to trial with an action to recover damages for negligence, which plaintiff commenced against the Broadway-170th Street Holding Corporation. The personal injury action was dismissed for failure to prosecute. The Statute of Limitations had run in the meantime and, as a consequence, further proceedings were barred.

Plaintiff here seeks a recovery upon two independent theories,(1) in tort based upon negligence on the part of this defendant;(2) in contract for breach of contract of…