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D'Alessandro v. Carro

Sup Ct, New York County

July 25, 2013

GIUSEPPE D'ALESSANDRO, Plaintiff,
v.
JOHN CARRO, JOHN S. CARRO, BARTLY MITCHELL, DASIL ELIUS VELEZ, CARRO, CARRO & MITCHELL, LLP and CARRO, VELEZ, CARRO & MITCHELL, LLP, Defendants.
v.
Index No. 100135/2011

Unpublished Opinion

DECISION & ORDER

HON. SHLOMO S. HAGLER, J.S.C.

Papers Numbered

Defendants Notice of Motion to Renew Pursuant to CPLR 9 2221(e) and Dismissing

Plaintiffs Claims for Non-Pecuniary Losses ..................1.

Affirmation of Defendants’ Counsel in Support of Defendants’ Motion to Renew with Exhibits “ A through “I”................2.

Defendants’ Memorandum of Law in Support of Defendants’ Motion ..........................3.

Affirmation of Plaintiffs Counsel in Opposition to Defendants’ Motion with Exhibits “A through “F” .........................4.

Plaintiffs Memorandum of Law in Opposition to Defendants’ Motion to Renew ............. 5.

Reply Affirmation of Defendants’ Counsel in Further Support of Defendants’ Motion ..................6.

Transcript of Oral Argument of March 18, 201 3 ........................7.

In this legal malpractice action, defendants John Cairo, John S. Cairo, Bartly Mitchell, Dasil Elius Velez, Cairo, Carro & Mitchell, LLP and Carro, Velez, Cairo & Mitchell, LLP (collectively, "defendants"), move in motion sequence 002, pursuant to CPLR § 2221(e), for an order granting defendants' motion for renewal of a February 29, 2012 decision and order, and upon renewal, dismissing plaintiffs claims for nonpecuniary damages. In motion sequence 003, the defendants move to compel discovery. After oral argument on March 18, 2013, motion sequence 003 was granted in part and denied in part. (Transcript, at 33-36).

Background

The facts of this case were discussed at length in the February 29, 2012 decision and order (D'Alessandro v Carro, 34 Misc.3d 1242[A] [Sup Ct, NY County 2012, Goodman, J.]) ("Prior Order" or "Justice Goodman's Order") and will not be repeated here. Briefly stated, and as relevant to this motion, plaintiff Giuseppe D'Alessandro ("D'Alessandro" or "plaintiff), was indicted for kidnaping in 1989. In 1990, D'Alessandro's trial counsel made a motion to dismiss based on a violation of his speedy trial rights, which motion was erroneously denied. Thereafter, D'Alessandro was convicted and spent more that 14 years in prison. In 1995, defendants, as D'Alessandro's appellate counsel, appealed his conviction but the Appellate Division ...


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