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BRANN v. LA BARBONE, INC.

260 A.D.2d 218 (1999)

688 N.Y.S.2d 59

ANDREINA BRANN, Respondent, v. LA BARBONE, INC., et al., Appellants. (And Other Actions.)

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

Decided April 13, 1999.

We agree with the motion court that plaintiff's waiver of her claim for psychological injuries was a mistake on her part, caused by her prior attorney's failure to communicate effectively with her as corroborated by her psychiatric records, and should be vacated absent prejudice to defendants (see, Matter of Frutiger, 29 N.Y.2d 143, 149-150). No prejudice is shown here. The accident occurred in August 1987; the action was commenced...

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