KOHN v. SCHIAPPA


281 N.J. Super. 235 (1995)

656 A.2d 1322

STUART KOHN AND SUSAN KOHN, PLAINTIFFS, v. JOSEPH P. SCHIAPPA, INDIVIDUALLY, JOSEPH P. SCHIAPPA, A PROFESSIONAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division Middlesex County.

Decided: March 17, 1995.


Attorney(s) appearing for the Case

John M. Blume, for plaintiffs (Blume, Vazquez, Goldfaden, Berkowitz & Donnelly, attorneys).

Bruce E. Helies, for defendants (Wolff, Helies & Duggan, attorneys).


WOLFSON, J.S.C.

The novel issue in this legal malpractice action is whether damages for emotional distress are recoverable where an attorney is retained to pursue non-economic claims. I conclude they are and accordingly deny defendant's motion for summary judgment.

The relevant facts are not in dispute. In 1991 the plaintiffs retained counsel to assist them in adopting a child via an approved adoption agency...

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