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VIONI v. CAREY & ASSOC. LLC

Index No. 154928/17, Appeal No. 16116, Case No. 2021-02391.

206 A.D.3d 458 (2022)

167 N.Y.S.3d 794

2022 NY Slip Op 03805

Lisa Vioni, Respondent, v. Carey & Associates LLC et al., Appellants.

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

Decided June 9, 2022.

Attorney(s) appearing for the Case

Carey & Associates LLC, New York (Michael Q. Carey, of counsel) for appellants.

The Dweck Law Firm, LLP, New York (H.P. Sean Dweck, of counsel) for respondent.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Shulman, Rodriguez, JJ.

Defendants, admittedly discharged for cause (see Vioni v Carey & Assoc., LLC, 192 A.D.3d 617 [1st Dept 2021]), failed to proffer any evidence that subsequent counsel did not adequately prepare plaintiff's rebuttal expert witness for his deposition during the underlying federal litigation. Accordingly, they did not establish prima facie that, but for the intervening and superseding failures of plaintiff's successor counsel, plaintiff would not have lost at trial...

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