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BLOCK v. BRECHER

301 A.D.2d 400 (2003)

753 N.Y.S.2d 84

LINDA BLOCK, Respondent, v. BRECHER, FISHMAN, FEIT, HELLER, RUBIN & TANNENBAUM, Appellant.

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

Decided January 14, 2003.

Defendant's motion to dismiss the complaint should have been granted because plaintiff failed to establish that the firm had a duty to bring a personal injury action or, on behalf of decedent's estate, an action for wrongful death or a claim for workers' compensation death benefits, and thus failed to establish the first element of a legal malpractice cause of action (see Greenwich v Markhoff, 234 A.D.2d 112, 114). Defendant's documentary...

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