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KLEEMAN v. RHEINGOLD

81 N.Y.2d 270 (1993)

Janet Kleeman, Appellant, v. Paul D. Rheingold et al., Respondents.

Court of Appeals of the State of New York.

Decided May 4, 1993.

Attorney(s) appearing for the Case

Richard Frank, P. C., New York City (Kathleen Peratis of counsel), for appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Edward A. Magro and Mark K. Anesh of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., and SMITH concur with Judge TITONE; Judge BELLACOSA concurs in result in a separate opinion.

TITONE, J.

In a prior action brought to recover damages for alleged medical malpractice, plaintiff was nonsuited for failure properly to serve the defendant doctor before the Statute of Limitations on her claim expired. The threshold issue in this second malpractice action, which was brought by plaintiff against the lawyers she retained to prosecute the first, is whether an attorney may be held vicariously liable...

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