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LIPORACE v. NEIMARK & NEIMARK, LLP

153323/15, 5409, 5408.

157 A.D.3d 473 (2018)

66 N.Y.S.3d 435

2018 NY Slip Op 00112

JOSEPH LIPORACE, JR., et al., Respondents, v. NEIMARK & NEIMARK, LLP, et al., Appellants.

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

Decided January 9, 2018.

The Neimark defendants' failure to serve a timely notice of claim on the New York City Department of Education in the underlying action is not the proximate cause of plaintiff's alleged damages, because the statute of limitations had not yet expired when the Budin defendants were substituted as plaintiff's counsel. This substitution of counsel was a superseding and intervening act that severed any potential liability for legal...

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