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BRITT v. LEGAL AID SOCY.

95 N.Y.2d 443 (2000)

741 N.E.2d 109

718 N.Y.S.2d 264

DANNY BRITT, Respondent, v. LEGAL AID SOCIETY, INC., et al., Appellants.

Court of Appeals of the State of New York.

Decided November 30, 2000.

Attorney(s) appearing for the Case

Rosen & Livingston, New York City (Peter I. Livingston of counsel), for appellants.

Alvy & Jacobson, New York City (Vida M. Alvy of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and ROSENBLATT concur.

OPINION OF THE COURT

WESLEY, J.

More than 13 years ago, this Court held in Carmel v Lunney (70 N.Y.2d 169, 173) that an individual convicted of a criminal offense must be able to assert "his innocence or a colorable claim of innocence" before he can pursue a claim against his attorney for legal malpractice arising out of the criminal proceeding. The question we address...

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