DEMPSTER v. LIOTTI

Nos. 2009-04859, 2009-08810.

86 A.D.3d 169 (2011)

924 N.Y.S.2d 484

2011 NY Slip Op 4408

MADELINE DEMPSTER, Respondent-Appellant, v. THOMAS F. LIOTTI, Appellant-Respondent.

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

Decided May 24, 2011.


Attorney(s) appearing for the Case

Thomas F. Liotti , Garden City, pro se, and Thomas F. Liotti ( Jennifer L. McCann of counsel), for Thomas F. Liotti, appellant-respondent.

Lester D. Janoff , Melville, for respondent-appellant.

MASTRO, J.P., RIVERA and LEVENTHAL, JJ., concur.


OPINION OF THE COURT

BELEN, J.

We are asked to consider whether an attorney who failed to oppose a motion to dismiss the complaint in an action underlying a legal malpractice action, and thereafter failed to file a timely notice of appeal from the order that granted the motion to dismiss, is entitled, under the facts of this case, to summary judgment dismissing the legal malpractice cause of action on the ground that such negligence did not proximately cause...

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