Appellate Win for Attorney Carl Formicola in a Malpractice Case

Carl A. Formicola obtained a favorable decision from the Appellate Division, Second Department dismissing a malpractice claim against his client. Carl moved for Summary Judgment in the trial court on the grounds that although plaintiff was aware of the malpractice suit during the pendency of her bankruptcy, neither she or her attorney reported it to the Court as is required. The Suffolk County Court denied the motion, claiming that there were issues of fact to be determined. Carl appealed to the Appellate Division and successfully argued that even if the decedent wasn’t aware of the potential lawsuit at the time she filed for bankruptcy, she became aware and brought the malpractice litigation before the bankruptcy was resolved. Therefore, as a matter of law, Carl’s client was entitled to judgment. The Appellate Division, Second Department agreed in a unanimous decision.

       
 

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