Appellate Division Reverses Lower Court and Dismisses Legal Malpractice Claim
June 6, 2002

In Wilson v. City of New York, 294 A.D.2d 290; 743 N.Y.S.2d 30 (1st Dep't, 2002) the Appellate Division, First Department, unanimously reversed the lower court and granted summary judgment in favor of John Cromwell, a court-appointed criminal defense attorney. The Court held that plaintiff's claim for legal malpractice against Mr. Cromwell was barred by Wolkstein v. Morgenstern, which precludes the recovery of any non-pecuniary damages in legal malpractice claims. The First Department refused to distinguish this case, arising out of an underlying criminal action, from Wolkstein, arising out of an underlying civil action.

Further, the Court held that plaintiff could not prove that his incarceration in the underlying criminal matter was proximately caused by Mr. Cromwell's conduct. There was no proof that plaintiff would have been released earlier had an application for bail been made and Mr. Cromwell had no control over plaintiff's co-defendant in the criminal case, who plaintiff claims could have exonerated him.

Finally, the Court held that plaintiff's claim for negligent infliction of emotional distress was wholly duplicative of the legal malpractice claim.

(Prior results do not guarantee a similar outcome.)