Legal Opinion
John W. Grace v. Michael R. Law
New York Court of Appeals
Decided October 21, 2014No. 165PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Abdus-Salaam, J.
We are presented with an issue of first impression for this Court:
What effect does a client’s failure to pursue an appeal in an underlying action have on his or her ability to maintain a legal malpractice lawsuit? We hold that the failure to appeal bars the legal malpractice action only where the client was likely to have succeeded on appeal in the underlying action.
I
In October 2002, plaintiff John W. Grace began receiving treatment for an eye condition at the Veterans Administration Rochester Outpatient Clinic (VA Clinic) from ophthalmologist Dr. Shobha…
2Cases cited12 opinions
- United States v. OrleansSupreme Court of the United States · 1976
- Rudolf v. Shayne, Dachs, Stanisci, Corker & SauerNew York Court of Appeals · 2007
- Shumsky v. EisensteinNew York Court of Appeals · 2001
- Davis v. KleinNew York Court of Appeals · 1996
- McKenna v. Forsyth & ForsythAppellate Division of the Supreme Court of the State of New York · 2001
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Red Zone LLC v. Cadwalader, Wickersham & Taft LLPNew York Court of Appeals · 2016
- Buczek v. Dell & Little, LLPAppellate Division of the Supreme Court of the State of New York · 2015
- Prout v. VladeckDistrict Court, S.D. Illinois · 2018
- Harvey v. Handelman, Witkowicz & Levitsky, LLPAppellate Division of the Supreme Court of the State of New York · 2015
- Kreutzberg v. Law Offs. of John Riconda, P.C.Appellate Division of the Supreme Court of the State of New York · 2022
14 more not listed; retrieve them via the Exa API.