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STARON v. WEINSTEIN

305 N.J. Super. 236 (1997)

MARIUSZ STARON AND ELZBIETA STARON, PLAINTIFFS-APPELLANTS, v. SHELDON G. WEINSTEIN, DEFENDANT, AND ROBERT C. THELANDER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 1997.

Attorney(s) appearing for the Case

Deena Baruch argued the cause for appellants (John A. Grudak, attorney; Mr. Grudak, on the letter brief).

Rachelle H. Milstein argued the cause for respondent Robert C. Thelander (Fishman & Callahan, attorneys; Ms. Milstein, on the brief).

Before Judges LONG, STERN and KLEINER.

The opinion of the court was delivered by STERN, J.A.D.

After attorney Sheldon Weinstein defaulted in this legal malpractice action, summary judgment was granted in favor of defendant Robert C. Thelander, and plaintiffs appeal from the dismissal of their case against him. We reverse the grant of summary judgment to Thelander.

The issue before us relates to the responsibility of attorney Thelander for the alleged malpractice of Weinstein in letting a

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