1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 54 A.D.3d
  5. 54 A.D.3d 801 (2008)
 

DALY v. PEACE

54 A.D.3d 801 (2008)

863 N.Y.S.2d 770

JOHN DALY, Appellant, v. ERNEST J. PEACE, Respondent.

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

September 16, 2008.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, he failed to state a cause of action to recover damages for legal malpractice against the defendant for the defendant's representation of him in a criminal action because, to date, he has not successfully challenged his criminal conviction and, thus, can neither assert nor establish his innocence (see Britt v Legal Aid Socy., 95 N.Y.2d 443

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases