HIRSCH v. WALDER

151690/20. Appeal No. 15006. Case No. 2021-00925.

201 A.D.3d 467 (2022)

156 N.Y.S.3d 842

2022 NY Slip Op 00124

Eric Hirsch, Respondent, v. Pashman Stein Walder et al., Appellants.

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

Decided January 11, 2022.


Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale ( Cheryl F. Korman of counsel), for appellants.

A. Cohen Law Firm, P.C., Valley Stream ( Avinoam Cohen of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, JJ.


Defendants' documentary evidence—in particular, the insurance policy at issue in the underlying action brought by plaintiff against the insurer and the condominium— demonstrates conclusively that plaintiff could not have prevailed in that action even if defendants had not missed the contractual limitations period. Thus, plaintiff failed to show, as required to state a cause of action for legal malpractice, that but for defendants' conduct he would have prevailed...

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