CARDE v. RODRIGUEZ

Index No. 25261/19E. Appeal No. 12610. Case No. 2020-03032.

189 A.D.3d 498 (2020)

133 N.Y.S.3d 806

2020 NY Slip Op 07451

Edwin Carde et al., Respondent, v. Jose Antonio Rodriguez, Appellant.

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

Decided December 10, 2020.


Attorney(s) appearing for the Case

Donovan & Valicenti, Scarsdale ( Lawrence Donovan of counsel), for appellant.

Joan Iacono , Bronxville, for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.


The complaint should have been dismissed with prejudice for res judicata purposes. The court addressed plaintiffs' legal malpractice claim and concluded, on the merits, that it did not state a cause of action. There is nothing in the record to indicate that allowing plaintiffs to replead would cure the fundamental deficiencies in their claim (see generally Landau, P.C. v LaRossa, Mitchell & Ross, 11 N.Y.3d 8, 13-14 [2008]).<...

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