KOMLOSI v. COLLINS & HANLEY, LLP


16 A.D.3d 260 (2005)

792 N.Y.S.2d 409

MARK KOMLOSI, Appellant, v. BURCHETTA, BROFFMAN, COLLINS & HANLEY, LLP, et al., Respondents.

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

March 24, 2005.


Plaintiff, who prevailed in a federal court action tried by defendants but has been unable to collect any portion of the judgment, claims that defendants committed malpractice by taking the position in the federal court action that the individual defendant therein, a state employee, acted intentionally rather than recklessly or with gross negligence. According to plaintiff, had the jury found that the individual defendant acted recklessly or with gross negligence rather than...

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