PILEWSKI v. SOLYMOSY


266 A.D.2d 83 (1999)

698 N.Y.S.2d 660

MICHAEL PILEWSKI, Plaintiff, v. ROGER K. SOLYMOSY et al., Defendants. BRODY & FABIANI, Third-Party Plaintiff-Respondent, v. JAMES J. TOOMEY, Third-Party Defendant-Appellant.

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

Decided November 18, 1999.


In 1983, plaintiff was hit in the head by a rock thrown through a bus window by an unknown person. Then 15 years old, plaintiff was rendered mute and paraplegic. Plaintiff's father retained third-party defendant James J. Toomey, Esq., then associated with defendant Brody & Fabiani's predecessor. The firm determined that an action for medical malpractice would lie against the physicians who treated plaintiff for his injuries. Brody & Fabiani referred the matter to...

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