OZIMEK v. DiJOSEPH

Index No. 156095/18. Appeal No. 15679. Case No. 2020-05018.

204 A.D.3d 448 (2022)

164 N.Y.S.3d 430

2022 NY Slip Op 02345

Nancy A. Ozimek et al., Appellants, v. Arnold E. DiJoseph et al., Respondents.

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

Decided April 7, 2022.


Attorney(s) appearing for the Case

Andrew Lavoott Bluestone , New York, for appellants.

Furman Kornfeld & Brennan LLP, New York ( Benjamin M. Oxenburg , of counsel) for Arnold E. DiJoseph and The Law Office of Arnold DiJoseph, respondents.

Catalano Gallardo & Petropoulos, LLP, Jericho ( Matthew K. Flanagan , of counsel) for The Ashley Law Firm, PLLC and Mitchel Ashley, respondents.

Concur—Manzanet-Daniels, J.P., Kern, Gesmer, Oing, Rodriguez, JJ.


Plaintiffs commenced this action against former counsel, asserting causes of action for legal malpractice and breach of fiduciary duty based on defendants' discontinuance of medical malpractice claims against a radiologist. The motion court properly dismissed the complaint for failure to state a cause of action.

According plaintiffs every possible favorable inference, the allegations in the complaint do not show a meritorious claim against the radiologist and thus...

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