Kleeman v. Rheingold
New York Court of Appeals
81 N.Y.2d 270, 598 N.Y.S.2d 149, 614 N.E.2d 712 (1993)
- Written by Heather Whittemore, JD
Facts
Janet Kleeman (plaintiff) hired Paul Rheingold (defendant), an attorney, to help her pursue a medical-malpractice claim against Dr. Neils Lauerson. Two days before the statute of limitations for the claim was set to expire, Rheingold approached Fischer’s Service Bureau (Fischer’s), a process-service agency, to deliver a summons and complaint to Lauerson. Rheingold had a history of hiring Fischer’s despite Fischer’s having a reputation for poor service. Rheingold told Fischer’s that the process needed to be served immediately. Fischer’s delivered the papers but erroneously gave them to Lauerson’s secretary instead of Lauerson. The statute of limitations expired while the service issue was being sorted out. Kleeman sued Rheingold for legal malpractice, arguing that Rheingold was vicariously liable for Fischer’s negligence. The trial court dismissed Kleeman’s claims, and Kleeman appealed.
Rule of Law
Issue
Holding and Reasoning (Titone, J.)
Concurrence (Bellacosa, J.)
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