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Bellomo v. Shiffman

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1990
157 A.D.2d 590 (N.Y. App. Div. 1990)

Summary

holding that legal malpractice claim must allege that plaintiff "would have prevailed in the underlying action but for her attorneys' malpractice"

Summary of this case from Santos v. Garzon

Opinion

January 25, 1990

Appeal from the Supreme Court, New York County (Eve Preminger, J.).


A motion court's discretion over its calendar should not be disturbed absent clear abuse, which is lacking here. (Rodriguez v. Middle Atl. Auto Leasing, 122 A.D.2d 720.) Moreover, this State has adopted a liberal policy with respect to opening defaults so that the parties may have their day in court. (Picinic v Seatrain Lines, 117 A.D.2d 504.)

The record sufficiently shows the existence of reasonable excuse and the existence of a meritorious claim to affirm the discretion exercised by the IAS court. (La Buda v. Brookhaven Mem. Hosp. Med. Center, 98 A.D.2d 711, affd 62 N.Y.2d 1014.)

Concur — Ellerin, J.P., Wallach, Smith and Rubin, JJ.


Summaries of

Bellomo v. Shiffman

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1990
157 A.D.2d 590 (N.Y. App. Div. 1990)

holding that legal malpractice claim must allege that plaintiff "would have prevailed in the underlying action but for her attorneys' malpractice"

Summary of this case from Santos v. Garzon

concluding that "Counsel's decision to proceed before the courts rather than in arbitration at worst amounts to an error in professional judgment which does not rise to the level of malpractice"

Summary of this case from Achtman v. Kirby, McInerney & Squire, LLP

rejecting malpractice claim based upon "counsel's decision to proceed before the courts rather than in arbitration"

Summary of this case from Estate of re v. K. Veisz Wexler
Case details for

Bellomo v. Shiffman

Case Details

Full title:ALAN BELLOMO, Respondent, v. FELIX SHIFFMAN, Appellant

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

Date published: Jan 25, 1990

Citations

157 A.D.2d 590 (N.Y. App. Div. 1990)
550 N.Y.S.2d 337

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