FOUNTAIN v. FERRARA

12633, 304191/11.

118 A.D.3d 416 (2014)

987 N.Y.S.2d 55

2014 NY Slip Op 3947

JAMES FOUNTAIN, Respondent, v. DANIEL ANTHONY FERRARA, ESQ., et al., Appellants.

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

Decided June 3, 2014.


Plaintiff's deposition testimony that he was employed by a nursing home in 1998 when he was arrested, together with his bill of particulars, were sufficient to raise a triable issue of fact as to whether he sustained pecuniary losses resulting from the alleged legal malpractice (see D'Agrosa v Newsday, Inc., 158 A.D.2d 229, 238 [2d Dept 1990]).

Defendants failed to preserve their argument that plaintiff may not rely upon...

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