Practice point: It is sufficient to allege that defendant, after being retained in a matter of wrongful termination as a result of a medical condition, advised plaintiff not to file a disability claim, and benefits were denied for lack of a timely filing.
Practitioners should note that the action is not barred when the underlying matter was settled, without a judgment.
Case: Douglas v. Dashevsky, NY Slip Op 04187 (2d Dept. 2009).
The opinion is here.
Tomorrow’s issue: Landlord-Tenant Law.
There is another instructive case here.
