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GOTAY v. BREITBART

58 A.D.3d 25 (2008)

866 N.Y.S.2d 638

BERNADETTE GOTAY, Respondent-Appellant, v. DAVID BREITBART, Respondent, and MICHAEL HANDWERKER et al., Appellants-Respondents, et al., Defendants.

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

November 6, 2008.

Attorney(s) appearing for the Case

Furman, Kornfeld & Brennan LLP, New York City (A. Michael Furman of counsel), for Michael Handwerker, appellant-respondent.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York City (Richard E. Lerner and Robert J. Pariser of counsel), for Steve Marchelos and others, appellants-respondents.

Gerald J. Mondora, White Plains, for respondent-appellant.

Goodman & Jacobs, LLP, New York City (Thomas J. Cirone and Sue C. Jacobs of counsel), for David Breitbart, respondent.

GONZALEZ and ACOSTA, JJ., concur with LIPPMAN, P.J.; FRIEDMAN, J., dissents in part in a separate opinion.

OPINION OF THE COURT

LIPPMAN, P.J.

Plaintiff seeks to recover for the malpractice of her former attorneys in connection with the prosecution of her underlying medical malpractice action. The question presented is whether the legal malpractice action is time-barred.

The medical malpractice action arose out of injuries plaintiff allegedly sustained during her birth in August 1977. In early 1978, plaintiff's mother retained the law firm of Kaufman ...

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