Rehberger v. Garguilo & Orzechowski, LLP
| Decision Date | 11 June 2014 |
| Citation | 988 N.Y.S.2d 70 |
| Parties | Frederick REHBERGER, plaintiff-respondent, v. GARGUILO & ORZECHOWSKI, LLP, defendant/third third-party plaintiff-appellant, Jerry Garguilo, defendant/second third-party plaintiff-appellant; Dollinger, Gonski & Grossman, Esqs., et al., second third-party defendants/ third third-party defendants-respondents (and another third-party action). |
| Court | New York Supreme Court — Appellate Division |
988 N.Y.S.2d 70
Frederick REHBERGER, plaintiff-respondent,
v.
GARGUILO & ORZECHOWSKI, LLP, defendant/third third-party plaintiff-appellant,
Jerry Garguilo, defendant/second third-party plaintiff-appellant;
Dollinger, Gonski & Grossman, Esqs., et al., second third-party defendants/ third third-party defendants-respondents
(and another third-party action).
Supreme Court, Appellate Division, Second Department, New York.
June 11, 2014.
Wilson Elser Moskowitz Edelman & Dicker LLP, New York, N.Y. (Thomas W. Hylan and Joseph L. Francoeur of counsel), for defendant/second third-party plaintiff-appellant.
Nicoletti Hornig & Sweeney, New York, N.Y. (Michael F. McGowan of counsel), for defendant/third third-party plaintiff-appellant.
Dennis W. Houdek, New York, N.Y., for plaintiff-respondent.
Furman Kornfeld & Brennan LLP, New York, N.Y. (Joshua B. Sandberg of counsel), for second third-party defendants/third third-party defendants-respondents.
PETER B. SKELOS, J.P., CHERYL E. CHAMBERS, L. PRISCILLA HALL, and JOSEPH J. MALTESE, JJ.
In an action to recover damages for legal malpractice, the defendant/second third-party plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Adler, J.), entered January 9, 2013, as denied his motion for summary judgment dismissing the complaint insofar as asserted against him, and the defendant/third third-party plaintiff, Garguilo & Orzechowski, LLP, separately appeals from so much of the same order as (a) denied that branch of its motion which was for summary judgment dismissing the complaint insofar as asserted against it, and (b) denied that branch of its motion which was for summary judgment on the third third-party complaint.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the plaintiff by the defendant/second third-party plaintiff and the defendant/third third-party plaintiff, appearing separately and filing separate briefs, and one bill of costs payable to the second third-party defendants/third third-party defendants by the defendant/third third-party plaintiff.
The plaintiff commenced this action to recover damages arising from legal malpractice allegedly committed by Garguilo & Orzechowski, LLP, and Jerry Garguilo (hereinafter together the Garguilo defendants), while representing him in a declaratory judgment action to enforce the buy-out provision of a stock agreement. The plaintiff alleged, inter alia, that the Garguilo defendants failed to serve a notice required by the stock agreement upon the individual shareholders, which resulted in a judgment dismissing them from the action. The Supreme Court, among other things, denied Jerry Garguilo's motion for summary judgment dismissing the complaint insofar as asserted against him, and denied that branch of the separate motion of Garguilo & Orzechowski, LLP, which was for summary judgment dismissing the complaint insofar as asserted against it.
"In an action to recover damages for legal malpractice, a plaintiff must demonstrate that the attorney ‘failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession’ and that the attorney's breach of this duty proximately caused plaintiff to...
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