GOTAY v. BREITBART


11 A.D.3d 273 (2004)

783 N.Y.S.2d 18

BERNADETTE GOTAY, Appellant, v. DAVID BREITBART et al., Respondents.

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

October 12, 2004.


The underlying action, which alleged that plaintiff sustained injury during her birth in 1977 as a result of medical malpractice, was commenced in 1978 by a defunct law firm whose members were not made defendants herein. Defendants herein are law firms and their members whose first involvement with the underlying action was some 15 years after its commencement. While the instant motions to dismiss for failure to state a cause of action were sub judice, the underlying action...

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