MAKSIMIAK v. SCHWARTZAPFEL NOVICK TRUHOWSKY MARCUS, P.C.

4649, 102746/09.

82 A.D.3d 652 (2011)

919 N.Y.S.2d 330

TERESA MAKSIMIAK, Appellant, v. SCHWARTZAPFEL NOVICK TRUHOWSKY MARCUS, P.C., et al., Respondents.

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

Decided March 29, 2011.


The motion court properly determined that plaintiff failed to state a cause of action for legal malpractice. The documentary evidence established that plaintiff's successor counsel had sufficient time and opportunity to adequately protect plaintiff's rights. Indeed, plaintiff's English counsel timely commenced a lawsuit in England based on the underlying motor vehicle accident that occurred in England. Accordingly, defendants' alleged negligence cannot be considered a proximate...

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