GOLDEN v. CASCIONE


286 A.D.2d 281 (2001)

729 N.Y.S.2d 140

PAULA GOLDEN, Respondent, v. CASCIONE, CHECHANOVER & PURCIGLIOTTI et al., Defendants, and KAPLAN, OSHMAN, HELFENSTEIN & MATZA et al., Appellants. (And a Third-Party Action.)

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

Decided August 30, 2001.


Plaintiff's malpractice claim against the Oshman firm should have been dismissed. Plaintiff's personal injury claim remained viable for nearly 2½ years after the Oshman firm was relieved as counsel. Thus, because successor counsel had sufficient time to adequately protect plaintiff's rights, there is no evidence to support a finding that the Oshman firm's alleged negligence proximately caused plaintiff any injury (see, Kozmol v Law Firm of Allen L. Rothenberg,

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