CABRERA v. COLLAZO

310248/11, 10341

115 A.D.3d 147 (2014)

979 N.Y.S.2d 326

2014 NY Slip Op 622

MILAGROS CABRERA, as Administrator of the Goods, Chattels and Credits of RAQUEL GUTIERREZ, Deceased, Respondent, v. SALVADOR COLLAZO, Defendant, and SHELLEY B. LEVY, as Executor of CARY M. TANZMAN, Deceased, et al., Appellants.

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

Decided February 4, 2014.


Attorney(s) appearing for the Case

Housman & Associates, P.C., Tarrytown ( Mark E. Housman of counsel), for appellants.

Sanocki, Newman & Turret, LLP, New York City ( David B. Turret of counsel), for respondent.

FRIEDMAN, FREEDMAN and FEINMAN, JJ., concur.


OPINION OF THE COURT

TOM, J.P.

The remarkable defense proffered in this professional malpractice action is that an attorney who neglects a matter so that the statute of limitations runs against his client cannot be held legally accountable if the attorney happens to expire before the applicable limitations period. A cause of action for attorney malpractice requires: "`(1) the negligence of the attorney; (2) that the negligence was the proximate cause of...

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