Golden v. Cascione, 286 A.D.2d 281 (N.Y. App. Div. 1st Dep't 2001). · Go Syfert
Golden v. Cascione, 286 A.D.2d 281 (N.Y. App. Div. 1st Dep't 2001). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 3 distinct courts.
Cited for
At page 281 Order, Supreme Court, New York County (Edward Lehner, J.), entered December 18, 2000, which, insofar as appealed from, denied defendants Kaplan, Oshman,…3 citing casesopening of page *281 (no citing court says what it cites this page for)
  • Hufstader v. Friedman & Molinsek, P.C., 150 A.D.3d 1489 (N.Y. App. Div. 3d Dep't 2017).published
    Under these circumstances, defendants have established, prima facie, that their actions were not the proximate cause of plaintiffs alleged damages (see New Kayak Pool Corp. v Kavinoky Cook LLP, 125 AD3d at 1349 ; Alden v Brindisi, Murad, B…
  • New Kayak Pool Corp. v. Kavinoky Cook LLP, 125 A.D.3d 1346 (N.Y. App. Div. 4th Dep't 2015).published 2 cites
    Somma v Dansker & Aspromonte Assoc., 44 AD3d 376, 377 [2007]; Golden v Cascione, Chechanover & Purcigliotti, 286 AD2d 281, 281 [2001]; cf. Tooma v Grossbarth, 121 AD3d 1093, 1096-1097 [2014]; Grant v LaTrace, 119 AD3d 646, 647 [2014]), and…
  • Grant v. LaTrace, 119 A.D.3d 646 (N.Y. App. Div. 2d Dep't 2014).published
    Unlike the cases relied upon by the Lamonsoff defendants (see Katz v Herzfeld & Rubin, P.C., 48 AD3d 640, 641 [2008]; Ramcharan v Pariser, 20 AD3d 556, 557 [2005]; Perks v Lauto & Garabedian, 306 AD2d 261 [2003]; Albin v Pearson, 289 AD2d…
Retrieving the full opinion text from the archive…
Paula Golden
v.
Cascione, Chechanover & Purcigliotti, and Kaplan, Oshman, Helfenstein & Matza, (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York.
Aug 30, 2001.
Published opinion
286 A.D.2d 281
2001 N.Y. App. Div. LEXIS 8310
Cited by 13 opinions  |  Published

Order, Supreme Court, New York County (Edward Lehner, J.), entered December 18, 2000, which, insofar as appealed from, denied defendants Kaplan, Oshman, Helfenstein & Matza (the Oshman firm), Matthew Oshman and Eileen T. Rohan’s motion for summary judgment dismissing the complaint against them, unanimously reversed, on the law, without costs, and defendants’ motion granted. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint as against them.

Plaintiff’s malpractice claim against the Oshman firm should have been dismissed. Plaintiff’s personal injury claim remained viable for nearly 21/2 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, 241 AD2d 484, 485-486 [defendant law firm, which had failed to effect valid service of process on client’s adversary, resulting in dismissal of action for lack of personal jurisdiction after expiration of statute of limitations, could not be held liable for loss of client’s claim, because successor counsel retained prior to such dismissal could have commenced a new action within 120 days thereafter, pursuant to CPLR 306-b]; Greenwich v Markhoff, 234 AD2d 112, 114 [complaint seeking to hold two successive counsel liable for failing to commence any action prior to expiration of statute of limitations was properly dismissed as against first law firm because,[*282] inter alia, such counsel had no “responsibility for allowing the Statute of Limitations to expire some two years” after it had been discharged]; C & F Pollution Control v Fidelity & Cas. Co., 222 AD2d 828, 829-830; Sherotov v Capoccia, 161 AD2d 871, 872). Concur — Sullivan, P. J., Nardelli, Mazzarelli and Saxe, JJ.