Davis v. Klein
Cases that cite this one
47 later published cases cite this decision. The 25 that cite it most often are listed here.
- Small Business Bodyguard Inc. v. House of Moxie, Inc. (District Court, S.D. New York 2017)
- Allianz Insurance v. Lerner (District Court, E.D. New York 2004)
- Burnell G. Carney and Alice Carney, by L. David Zube, Chapter 11 Trustee v. James v. Philippone (2d Cir. 2003)
- Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, LLC v. Comprehensive Mental Assessment & Medical Care, P.C. (New York Supreme Court 2010)
- Bixby v. Somerville (Appellate Division of the Supreme Court of New York 2009)
- Amodeo v. Gellert & Quartararo, P.C. (Appellate Division of the Supreme Court of New York 2006)
- Nobile v. Schwartz (District Court, S.D. New York 2003)
- Walgreen Co. v. Kassover (New York Supreme Court, New York County 2024)
- Ataroua v. Tamir (District Court, S.D. New York 2023)
- Glenwayne Dev. Corp v. James J. Corbett, P.C. (Appellate Division of the Supreme Court of New York 2019)
- Burbige v. Siben & Ferber (Appellate Division of the Supreme Court of New York 2017)
- Silverman v. Potruch & Daab, LLC (Appellate Division of the Supreme Court of New York 2016)
- John W. Grace v. Michael R. Law (N.Y. 2014)
- Barnave v. Davis (Appellate Division of the Supreme Court of New York 2013)
- Barnave v. Davis (Appellate Division of the Supreme Court of New York 2013)
- Rodriguez v. Lipsig, Shapey, Manus & Moverman, P.C. (Appellate Division of the Supreme Court of New York 2011)
- Waggoner v. Caruso (N.Y. 2010)
- Engler v. Kalmanowitz (Appellate Division of the Supreme Court of New York 2009)
- Schorsch v. Moses & Singer (Appellate Division of the Supreme Court of New York 2009)
- Leone v. Silver & Silver, LLP (Appellate Division of the Supreme Court of New York 2009)
- Waggoner v. Caruso (Appellate Division of the Supreme Court of New York 2009)
- Dupree v. Voorhees (Appellate Division of the Supreme Court of New York 2009)
- Stawski v. Pasternack, Popish & Reif, P.C. (Appellate Division of the Supreme Court of New York 2008)
- Teodorescu v. Binder (Appellate Division of the Supreme Court of New York 2008)
- Kutner v. CatterSon (Appellate Division of the Supreme Court of New York 2008)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Plaintiff Robert Davis retained the defendant law firm in March 1987 to represent and appear for him in all proceedings concerning a workers’ compensation claim arising out of an accident which occurred on property allegedly owned by the City of New York. In 1988, plaintiff’s case was allegedly referred by the defendant attorney to another lawyer in the same firm for discussion on commencing a third-party action against the City. Plaintiff was informed at that time that his claim against the City was barred by the Statute of Limitations.
Plaintiff’s workers’ compensation claim was resolved and no further action with respect to the claim against the City was taken until 1991, when plaintiff and his spouse commenced this legal malpractice action. Plaintiffs alleged that defendants committed malpractice by failing to timely institute an action against the City as owner of the property where the accident occurred pursuant to Labor Law §§ 200, 240, 241 (6) and common-law negligence principles. Defendants moved for summary judgment. Supreme Court granted defendants’ motion and dismissed the complaint. The Appellate Division, with one Justice dissenting, affirmed.
In order to establish a prima facie case of legal malpractice, a plaintiff must demonstrate that the plaintiff would have succeeded on the merits of the underlying action but for the at *1010 torney’s negligence (see, Carmel v Lunney, 70 NY2d 169, 173; Servidone Constr. Corp. v Security Ins. Co., 64 NY2d 419, 425; Kerson Co. v Shayne, Dachs, Weiss, Kolbrenner, Levy & Levine, 59 AD2d 551, 553, affd 45 NY2d 730, 732). Plaintiffs’ unsupported allegations that the City owned the property in question failed to raise material issues of fact with respect to their underlying claims against the City, and the complaint was properly dismissed.
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.