Friday, August 1, 2008

Sufficient Evidence

A claim of legal malpractice raised sufficient issues of fact to survive a motion for summary judgment, according to a decision of the New York Appellate Division for the Third Judicial Department. The plaintiff had been injured while working in a hotel and had mistakenly believed that the hotel was her employer. In fact, she was employed by a cleaning service that contracted with the hotel. She retained counsel (the defendant in the legal malpractice case), who allegedly had failed to discover the actual employment situation. By the time plaintiff had secured new counsel and discovered the mistaken assumption, the statute of limitations for third party claims had expired. The court noted that there was evidence that the attorney made no effort to review documents that would have shed light on the identity of the actual employer. (Mike Frisch)

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