Legal Opinion · Dissent

Gotay v. Breitbart

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

Decided November 6, 2008Published

1DissentFriedman, J.

This legal malpractice action is the culmination of a long and convoluted chain of events that began three decades ago. Ultimately, however, the lawsuit’s timeliness turns on an attorney’s sworn—and entirely uncon-tradicted—account of what occurred at his meeting with plaintiff and her father on January 28, 1999, more than three years before the commencement of the action. The attorney (Mark Hankin) avers in his affidavit that, at the January 1999 meeting, he advised plaintiff and her father that his firm would not undertake plaintiffs representation in a medical malpractice matter arising…

2Cases cited6 opinions

  1. McCoy v. FeinmanNew York Court of Appeals · 2002
  2. Shumsky v. EisensteinNew York Court of Appeals · 2001
  3. Glamm v. AllenNew York Court of Appeals · 1982
  4. Muller v. SturmanAppellate Division of the Supreme Court of the State of New York · 1981
  5. In re the Estate of MerkerAppellate Division of the Supreme Court of the State of New York · 2005

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