Jean Maiolini suffered from temporomandibular joint syndrome and was receiving short-term disability benefits.
Once those payments ended, Maiolini applied for, and was denied, long-term benefits.
When an administrative appeal of the denial was unsuccessful, Maiolini retained the law firm of McAdams & Fallon (MF) to file another appeal. (She had only 180 days to do so and MF failed to file within that timeframe.)
After she filed suit, alleging MF committed malpractice, the law firm asked the Rockland County Supreme Court to dismiss the case. When that request was denied, MF appealed to the Appellate Division, Second Department, which found Maiolini was required to show her former lawyers had failed to exercise ordinary "reasonable skill and knowledge" and that the firm's error or omission caused her "actual and ascertainable damage."
In other words, Maiolini was required to show she would have won the appeal if it had been timely filed. Because MF established she wouldn't have prevailed, the AD2 thought dismissal of her malpractice claim was appropriate.
What a MF result!
To view a copy of the Appellate Divisions decision, please use this link: Maiolini v McAdams & Fallon, P.C.