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Williams v. Reiss

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 2008
49 A.D.3d 423 (N.Y. App. Div. 2008)

Opinion

No. 2894.

March 20, 2008.

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered July 24, 2006, which granted defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, with costs, the motion denied and the complaint reinstated.

Robbins Associates, P.C., New York (James A. Robbins of counsel), for appellant.

Gordon Silber, P.C., New York (Eldar Mayouhas of counsel), for respondents.

Before: Lippman, P.J., Tom, Nardelli, Catterson and Moskowitz, JJ.


On a motion to dismiss, a complaint must be accorded every favorable inference ( see Sokoloff v Harriman Estates Dev. Corp., 96 NY2d 409, 414). Plaintiff avers, without contradiction, that she was a client of defendants prior to the execution of the revised separation agreement, even though the agreement contains an acknowledgment that she was not represented by counsel. Plaintiff alleges this language was inserted at the advice of her attorney, as protection in the event her husband sought to set aside the agreement, since he had appeared without counsel. Under these circumstances, it was error to conclude as a matter of law that no attorney-client relationship existed. Finally, the complaint adequately alleged the facts underlying the claimed malpractice and the resulting damages.


Summaries of

Williams v. Reiss

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 2008
49 A.D.3d 423 (N.Y. App. Div. 2008)
Case details for

Williams v. Reiss

Case Details

Full title:MAYA WILLIAMS, Appellant, v. REISS EISENPRESS L.L.E et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 20, 2008

Citations

49 A.D.3d 423 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2629
854 N.Y.S.2d 62