AQUINO v. KUCZINSKI, VILA & ASSOCIATES, P.C.


39 A.D.3d 216 (2007)

835 N.Y.S.2d 16

ELBA AQUINO, Respondent, v. KUCZINSKI, VILA & ASSOCIATES, P.C., et al., Appellants.

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

Decided April 3, 2007.


The issue in this legal malpractice action is whether plaintiff established that "but for" the negligence of defendants in failing to timely commence a personal injury action on her behalf, she would have prevailed in that litigation. On July 4, 2002, plaintiff was walking through the lobby of the Trump Taj Mahal Casino Resort in Atlantic City when she slipped on a substance she identified as vomit. Plaintiff did not see any substance on the floor prior to her fall. She alleges...

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