Debra Cascardo is a pro-se litigant in Cascardo v Macklowitz 2018 NY Slip Op 31231(U) June 8, 2018 Supreme Court, New York County Docket Number: 101528/2017 Judge: Frank P. Nervo. One of her earlier legal malpractice cases, in her married name, added to the Harvey line of cases in which a legal malpractice case is dismissed on the basis that “Plaintiff acknowledged that she understood and agreed with the terms of the settlement and knew that it was a full and final agreement. She further stated that her attorney had answered her questions and that she was satisfied with the services he provided. Under these circumstances, the motion court properly dismissed the complaint (see Weissman v Kessler, 78 AD3d 465 ; Katebi v Fink, 51 AD3d 424 ).”
Here, in the present case, service problems threaten to overwhelm her case. “In this legal malpractice action, defendants move, pursuant to CPLR 3211 (a) (8), for preanswer dismissal of plaintiffs complaint for lack of personal jurisdiction based on improper service. Plaintiff, appearing prose, opposes the application. The affidavit of service filed with the New York County Clerk on December 7, 2017 reveals that nonparty Dusty Burke (Burke) served defendants on October 27, 2017 by leaving the summons and complaint with their receptionist at their business located at 299 Broadway, Suite 1405, in New York County. ”
Staving off immediate dismissal, a Traverse hearing will be held.