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DOMBROWSKI v. BULSON

No. 83.

19 N.Y.3d 347 (2012)

948 N.Y.S.2d 208

2012 NY Slip Op 4203

THOMAS E. DOMBROWSKI, Respondent, v. RAYMOND W. BULSON, Appellant.

Court of Appeals of New York.

Decided May 31, 2012.

Attorney(s) appearing for the Case

Damon Morey LLP, Buffalo ( Vincent G. Saccomando of counsel), for appellant.

Cantor, Lukasik, Dolce & Panepinto, P.C., Buffalo ( Marc C. Panepinto and Jeremy C. Toth of counsel), for respondent.

Cohen & Fitch LLP, New York City ( Joshua P. Fitch of counsel), for Ganpat Ramcharran, amicus curiae.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The issue presented by this appeal is whether plaintiff, suing his former criminal defense attorney in legal malpractice, can recover nonpecuniary damages. We find that such damages are not available in an action for attorney malpractice.

Plaintiff Dombrowski was convicted in September 2000, after a jury trial, of attempted rape in the first degree, sexual abuse in the first degree and endangering the welfare...

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