Ricky Baker v. David Alan Dorfman
Court of Appeals for the Second Circuit
1Opinion of the Court
JACOBS, Circuit Judge:
Nine months after Ricky Baker was told by an agency of New York City (the “City”) that he had tested positive for the human immunodeficiency virus (“HIV”), the City asked him to submit to another test, which revealed that the first result was a false positive. Baker retained David Dorfman, Esq., to sue the City for negligent infliction of emotional distress. The claim was dismissed when Dorfman missed a deadline. Baker unsuccessfully appealed by new counsel.
In this diversity action against Dorfman, Baker pleaded (A) legal malpractice, on the ground that Dorfman’s…
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