Legal Opinion

Damstetter v. Martin

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

Decided February 4, 1998No. Appeal No. 2Published

1Opinion of the Court

Cross appeal unanimously dismissed and amended order affirmed without costs. Memorandum: Plaintiff commenced this action to recover damages for legal malpractice based upon defendant’s alleged failure timely to commence an action for personal injuries arising from an automobile accident. Supreme Court granted defendant’s motion for summary judgment dismissing the complaint. The court concluded that the negligence cause of action was time-barred pursuant to CPLR 214 (6). The court further concluded that defendant was entitled to summary judgment dismissing the breach of *894contract cause of…

2Cases cited12 opinions

  1. Gaddy v. EylerNew York Court of Appeals · 1992
  2. Grasso v. AngeramiNew York Court of Appeals · 1991
  3. Waaland v. WeissAppellate Division of the Supreme Court of the State of New York · 1996
  4. Giannakis v. PaschilidouAppellate Division of the Supreme Court of the State of New York · 1995
  5. Lichtman-Williams v. DesmondAppellate Division of the Supreme Court of the State of New York · 1994

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