Perrucci v. CIGNA Insurance

Appellate Division of the Supreme Court of New York

Perrucci v. CIGNA Insurance

256 A.D.2d 87, 681 N.Y.S.2d 250, 1998 N.Y. App. Div. LEXIS 13083

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 8, 1998

StatusPublished

Cited by1 cases

This text of 256 A.D.2d 87 (Perrucci v. CIGNA Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Perrucci v. CIGNA Insurance, 256 A.D.2d 87, 681 N.Y.S.2d 250, 1998 N.Y. App. Div. LEXIS 13083 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, New York County (Herman Cahn, J.), entered September 8, 1997, which granted defendants’ motion to dismiss plaintiff’s complaint for failure to state a cause of action, unanimously affirmed, without costs.

A client has the right “to terminate the attorney-client relationship at any time with or without cause” (Matter of Cooperman, 83 NY2d 465, 472; see also, Demov, Morris, Levin & Shein v Glantz, 53 NY2d 553, 556). Plaintiff, who does not claim to fall within the two limited exceptions to the rule (see, Atkins & O’Brien v ISS International Serv. Sys., 252 AD2d 446, 448) may not. circumvent the general rule by recasting his cause of action as a prima facie tort (see, Ullman v Norma Kamali, Inc., 207 AD2d 691, 692; Fisher v Maxwell Communications Corp., 205 AD2d 356, 357). Plaintiff failed to preserve his current claim that leave to replead should have been granted, which in [88]*88any case would have been inappropriate (see, Ceres v Shearson Lehman Bros., 227 AD2d 222). Concur — Sullivan, J. P., Rosenberger, Wallach and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Herman Cahn, J.), entered September 8, 1997, which granted defendants’ motion to dismiss plaintiff’s complaint for failure to state a cause of action, unanimously affirmed, without costs.

A client has the right “to terminate the attorney-client relationship at any time with or without cause” (Matter of Cooperman, 83 NY2d 465, 472; see also, Demov, Morris, Levin & Shein v Glantz, 53 NY2d 553, 556). Plaintiff, who does not claim to fall within the two limited exceptions to the rule (see, Atkins & O’Brien v ISS International Serv. Sys., 252 AD2d 446, 448) may not. circumvent the general rule by recasting his cause of action as a prima facie tort (see, Ullman v Norma Kamali, Inc., 207 AD2d 691, 692; Fisher v Maxwell Communications Corp., 205 AD2d 356, 357). Plaintiff failed to preserve his current claim that leave to replead should have been granted, which in [88]*88any case would have been inappropriate (see, Ceres v Shearson Lehman Bros., 227 AD2d 222). Concur — Sullivan, J. P., Rosenberger, Wallach and Mazzarelli, JJ.

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Bluebook (online)

256 A.D.2d 87, 681 N.Y.S.2d 250, 1998 N.Y. App. Div. LEXIS 13083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perrucci-v-cigna-insurance-nyappdiv-1998.

Opinion

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