Atty's Failure To Disclose Illness May Lead To Liability

Law360, New York (March 4, 2014, 2:55 PM EST) -- On Feb. 4, 2014, a New York appellate court sustained the denial of a motion to dismiss in a legal malpractice action that claimed that the attorney failed to timely file a wrongful death lawsuit, despite the fact that the attorney had died before the statute of limitations on the underlying claim had expired.

In Cabrera v. Collazo, the plaintiff claimed that the estate of her former attorney, Cary Tanzman, was liable for the attorney's failure to timely file a wrongful death action on behalf of the plaintiff. The executor of Tanzman's estate filed a motion to dismiss, arguing that the...

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