From Casetext: Smarter Legal Research

Geller v. Harris

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1999
258 A.D.2d 421 (N.Y. App. Div. 1999)

Summary

finding plaintiff's allegation that defendant used non-board-certified physician as expert witness to be insufficient to state a claim for legal malpractice

Summary of this case from Achtman v. Kirby, McInerney & Squire, LLP

Opinion

February 25, 1999

Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).


Plaintiff's allegation, in conclusory terms, that defendant's use of a non-board-certified physician as an expert witness in the underlying medical malpractice action resulted in an unfavorable disposition for plaintiff, is insufficient to state a claim for legal malpractice ( see, Pacesetter Communications Corp. v. Solin Breindel, 150 A.D.2d 232, lv dismissed 74 N.Y.2d 892). In any event, defendant's decision to use a non-board-certified physician was, at most, a mere error in professional judgment not rising to the level of legal malpractice ( see, Rosner v. Paley, 65 N.Y.2d 736; Kenney v. Zimmerman, 185 A.D.2d 690).

Plaintiff's claim for intentional infliction of emotional distress was properly dismissed since there is no allegation that the statement made by defendant was intended to cause plaintiff severe emotional distress ( Howell v. New York Post Co., 81 N.Y.2d 115, 121-122). Nor does the statement that the defendant doctor in the underlying medical malpractice action was allegedly connected to organized crime rise to the level of "extreme outrageousness" necessary to sustain a cause of action for intentional infliction of emotional distress ( supra).

Finally, the claim for abuse of process was properly dismissed since there was no allegation that the order of protection obtained by defendant against plaintiff was improperly used by defendant after it was issued or that the process interfered with plaintiff's liberty or property ( Curiano v. Suozzi, 63 N.Y.2d 113, 116).

Concur — Sullivan, J. P., Nardelli, Wallach and Tom, JJ.


Summaries of

Geller v. Harris

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1999
258 A.D.2d 421 (N.Y. App. Div. 1999)

finding plaintiff's allegation that defendant used non-board-certified physician as expert witness to be insufficient to state a claim for legal malpractice

Summary of this case from Achtman v. Kirby, McInerney & Squire, LLP
Case details for

Geller v. Harris

Case Details

Full title:HANI GELLER (CHEN), Appellant, v. STEVEN HARRIS, Respondent

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

Date published: Feb 25, 1999

Citations

258 A.D.2d 421 (N.Y. App. Div. 1999)
685 N.Y.S.2d 734

Citing Cases

Whalebone Landing Homeowners' Ass'n, Inc. v. Russel Lynch, Alethea Lynch, Binkis Landscape, Inc.

Here, the factual allegations made against plaintiff, even if taken as true and viewed in the light most…

Rosenblum v. N.Y.S. Workers' Compensation

This ignores the fact that the WCB's interpretation of the statute, which comports with its plain language,…