The firm is proud to announce that Jeffrey A. Kaplan has been selected to the 2019 New York Super Lawyers list.
Appellate Division: Damages not limited on promissory estoppel claim
On October 23, 2018, the First Department again ruled in favor of plaintiff Peter Castellotti in his on-going litigation against his sister, Lisa Free. In its memorandum opinion (2018 NY Slip Op 07045), the Court vacated the Order of the Supreme Court entered on June 6, 2017 which sua sponte limited plaintiff's recovery under his promissory estoppel claim to the amount plaintiff paid for his mother's estate tax, and dismissed plaintiff's claim for a constructive trust.
The Appellate Division, citing the Court of Appeals in Matter of Hennel, 29 NY3d 487, 494 (2017), reiterated that “where the elements of promissory estoppel are established, and the injury to the party who acted in reliance on the oral promise is so great that enforcement of the statute of frauds would be unconscionable, the promisor should be estopped from reliance on the statute of frauds.”
This ruling means that if Mr. Castellotti can demonstrate that he has suffered an unconscionable injury at trial, the oral promise between him and his sister can be enforced, allowing him to recover his half of the family’s business, John’s Pizzeria, as well as half of all the profits generated by his mother’s assets since her death in 2004.
Peter Castellotti was represented in the Appellate Division by J. Kaplan & Associates attorneys Jeffrey Kaplan and Joseph DePalma. The Appellate Division’s decision is available at http://nycourts.gov/reporter/3dseries/2018/2018_07045.htm.
J. KAPLAN & ASSOCIATES PLLC IS EXCITED TO ANNOUNCE THAT BRIANNA NEYLAND HAS JOINED THE FIRM.
J. Kaplan & Associates is excited to announce the addition of Brianna Neyland to the team. Brianna is a 2018 graduate of St. John's University School of Law, and sat for the July 2018 New York Bar Exam.
Brianna's previous legal experience includes advocating for children as a member of the Child Advocacy Clinic at St. John's University School of Law and as a law clerk at several civil litigation firms. We are all excited to have Brianna to join the team!
First Department Clarifies What Constitutes “Continuous Treatment” for Purposes of Tolling the Two and One-Half Years Statute of Limitations for Medical Malpractice
On August 29, 2017, the Appellate Division, First Department affirmed an Order of the Supreme Court (Lobis, J.) denying summary judgment to defendants in a medical malpractice action. The defendants, the treating physician and his medical practice, argued that the plaintiff, Michelle Lewis, failed to bring suit within the 2 and ½ statute of limitations for causes of action sounding in medical malpractice.
Lewis v. Rutkovsky, 2017 NY Slip Op 06342
