Breytman v. Schechter
Cases that cite this one
17 later published cases cite this decision.
- Salami v. TD Bank (New York Supreme Court, Kings County 2024)
- Salami v. TD Bank (New York Supreme Court, Kings County 2024)
- Caesar v. HSBC Bank USA, NA (Appellate Division of the Supreme Court of New York 2021)
- McNelis v. Carrington (Appellate Division of the Supreme Court of New York 2013)
- McNelis v. Carrington (Appellate Division of the Supreme Court of New York 2013)
- Breytman v. Pinnacle Group (Appellate Division of the Supreme Court of New York 2013)
- Breytman v. Pinnacle Group (Appellate Division of the Supreme Court of New York 2013)
- Strujan v. Kaufman & Kahn, LLP (Appellate Division of the Supreme Court of New York 2019)
- Strunk v. New York State Board of Elections (Appellate Division of the Supreme Court of New York 2015)
- Strunk v. New York State Board of Elections (Appellate Division of the Supreme Court of New York 2015)
- AARISMAA, IV, JAAN A., MTR. OF (Appellate Division of the Supreme Court of New York 2014)
- Flushing Expo, Inc. v. New World Mall, LLC (Appellate Division of the Supreme Court of New York 2014)
- Flushing Expo, Inc. v. New World Mall, LLC (Appellate Division of the Supreme Court of New York 2014)
- Nash v. Yablon-Nash (Appellate Division of the Supreme Court of New York 2013)
- Nash v. Yablon-Nash (Appellate Division of the Supreme Court of New York 2013)
- Levine v. Levine (Appellate Division of the Supreme Court of New York 2013)
- Levine v. Levine (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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 the plaintiff to sustain actual and ascertainable damages (see Rudolf v Shayne, Docks, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). Here, the defendants Roberta S. Schechter, as executor of the estate of Donald Schechter, and Donald Schechter, P.C. (hereinafter together the Schechter defendants), satisfied their prima facie burden of establishing their entitlement to judgment as a matter of law dismissing the causes of action alleging legal malpractice. In opposition thereto, the plaintiff failed to raise a triable issue of fact (see Natale v Samel & Assoc., 308 AD2d 568, 569 [2003]; Schadoff v Russ, 278 AD2d 222, 223 [2000]).
As for the remaining causes of action, the Schechter defendants also made a prima facie showing of entitlement to judgment in their favor, in response to which the plaintiff failed to raise a triable issue of fact (see generally Zuckerman v City of New York, 49 NY2d 557, 562 [1980]).
The plaintiff failed to set forth any proof of the Supreme Court’s bias or prejudice which would support recusal (see Walter v Walter, 62 AD3d 787, 788 [2009]).
Finally, while public policy mandates free access to the courts, “when a litigant is ‘abusing the judicial process by hagriding individuals solely out of ill will or spite, equity may enjoin such vexatious litigation’ ” (Matter of Simpson v Ptaszynska, 41 AD3d 607, 608 [2007], quoting Matter of Shreve v Shreve, 229 AD2d 1005, 1006 [1996] [internal quotation marks omitted]). Here, the Supreme Court properly directed the plaintiff to seek leave of the “appropriate Administrative Justice or Judge” before filing any additional actions against the Schechter defendants (see Matter of Simpson v Ptaszynska, 41 AD3d at 608; Matter of Pignataro v Davis, 8 AD3d 487, 489 [2004]).
The plaintiff’s remaining contentions are without merit. Rivera, J.P., Chambers, Hall and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.