Pollicino v. Roemer & Featherstonhaugh, P. C.

260 A.D.2d 52, 699 N.Y.S.2d 238, 1999 N.Y. App. Div. LEXIS 12489
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 2, 1999
StatusPublished
Cited by10 cases

This text of 260 A.D.2d 52 (Pollicino v. Roemer & Featherstonhaugh, P. C.) 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
Pollicino v. Roemer & Featherstonhaugh, P. C., 260 A.D.2d 52, 699 N.Y.S.2d 238, 1999 N.Y. App. Div. LEXIS 12489 (N.Y. Ct. App. 1999).

Opinion

OPINION OF THE COURT

Mikoll, J.

This appeal requires us to decide a question of first impression, namely, whether in a legal malpractice action a law firm’s continuous representation of a client should be imputed to a former associate for purposes of tolling the Statute of Limitations against the associate. On the particular facts presented herein, we hold that it should be and reverse the contrary determination of Supreme Court.

On April 11, 1989, plaintiff retained the law firm of defendant Roemer and Featherstonhaugh, P. C. (hereinafter the law firm) to represent him in connection with a July 1, 1988 accident wherein he lost sight in his right eye. His injury is alleged to have occurred when a New York City Transit Authority bus ran over a glass bottle, the bottle exploded and a shard of glass struck plaintiff in the eye. In September 1989, the law firm moved for leave to serve a late notice of claim against the Transit Authority. Attached to its moving papers was a proposed notice of claim reflecting the accident date of July 1, 1988. After the motion was granted, however, a notice of claim incorrectly listing the accident date as June 30, 1988 was served. This notice of claim was notarized by defendant Michael S. Levine (hereinafter defendant), an associate employed by the law firm, on November 7, 1989. On the same date, defendant also notarized a summons and complaint which likewise erroneously recited that the accident occurred on June 30, 1988. On December 4, 1989, defendant and plaintiff attended a General Municipal Law § 50-h hearing where plaintiff testified that his accident had occurred on July 1, 1988. On December 12, 1989, defendant notarized an amended summons and complaint correcting the accident date to July 1, 1988. However, no motion to similarly amend the notice of claim was made at that time. Defendant left the employ of the law firm in September 1990.

It was not until December 1, 1992 that the law firm moved on behalf of plaintiff for leave to serve an amended notice of claim to set forth the correct date of plaintiff’s accident. The [54]*54Transit Authority cross-moved for an order dismissing the complaint pursuant to CPLR 3211 and 3212. By order dated October 20, 1994,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

LaBuda v. LaBuda
2019 NY Slip Op 5366 (Appellate Division of the Supreme Court of New York, 2019)
Moonlight Enters., LLC v. Mroz
797 S.E.2d 536 (Supreme Court of Virginia, 2017)
DISCHIAVI, GARY M. v. CALLI, JR., WILLIAM S.
Appellate Division of the Supreme Court of New York, 2015
Dischiavi v. Calli
125 A.D.3d 1435 (Appellate Division of the Supreme Court of New York, 2015)
Protostorm, LLC v. Antonelli, Terry, Stout & Kraus, LLP
834 F. Supp. 2d 141 (E.D. New York, 2011)
Gallina v. Fedrizzi
39 A.D.3d 467 (Appellate Division of the Supreme Court of New York, 2007)
Cherry v. Mallery
280 A.D.2d 860 (Appellate Division of the Supreme Court of New York, 2001)
Aaron v. Roemer, Wallens & Mineaux, L. L. P.
272 A.D.2d 752 (Appellate Division of the Supreme Court of New York, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
260 A.D.2d 52, 699 N.Y.S.2d 238, 1999 N.Y. App. Div. LEXIS 12489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pollicino-v-roemer-featherstonhaugh-p-c-nyappdiv-1999.