CHIAFFI v. WEXLER, BERGERMAN & CRUCET


116 A.D.2d 614 (1986)

John J. Chiaffi et al., Appellants, v. Wexler, Bergerman & Crucet, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 21, 1986


Order affirmed, with costs.

Defendant attorneys failed to timely commence a personal injury action on behalf of plaintiffs and this action ensued. Defendants' answer contained a defense which sought to limit any prospective judgment to the amount that would have been collectible from the alleged tort-feasor in the underlying cause of action to recover damages for personal injuries.

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