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HOLLOWAY v. SACKS AND SACKS, ESQS.

275 A.D.2d 625 (2000)

713 N.Y.S.2d 162

RICHARD HOLLOWAY, Respondent-Appellant, v. SACKS AND SACKS, ESQS., et al., Appellants. SACKS AND SACKS, ESQS., et al., Third-Party Plaintiffs-Appellants, v. HOME INSURANCE COMPANY, Third-Party Defendant, and CHICAGO INSURANCE COMPANY, Third-Party Defendant-Respondent.

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

Decided September 21, 2000.

Plaintiff was represented by defendants in a personal injury action based upon Labor Law § 240 (1) and § 241 (6). A former firm associate commenced an action on behalf of plaintiff, voluntarily discontinued it since he had named an incorrect party and failed to refile prior to the expiration of the Statute of Limitations. In September 1996, that associate was discovered by the firm to have been stealing from the firm...

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