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· 11/30/2000

Britt v. Legal Aid Society, Inc.

Citations

  • 741 N.E.2d 109
  • 95 N.Y.2d 443
  • 718 N.Y.S.2d 264
  • 2000 N.Y. LEXIS 3585

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[A] criminal legal malpractice plaintiff cannot assert innocence while the criminal charges remain pending.”
  • ‘‘[t]he principle . . . that ‘civil tort actions are not appropriate vehicles for chal- lenging the validity of outstanding criminal judgments’ . . . applies with equal force to [criminal malpractice claims]’’ (citation omitted)
  • “In order to open the door for even a colorable claim of innocence, criminal defendants must free themselves of the conviction, for the conviction prechides those potential plaintiffs from asserting innocence in a civil suit”
  • “In order to open the door for even a colorable claim of innocence, criminal defendants must free themselves of the conviction, for the conviction prechides those potential plaintiffs from asserting innocence in a civil suit”
  • malicious prosecution claim accrues after prosecution terminates in the plaintiff’s favor
  • exoneration required, blended with need for proof of actual innocence

Source: CourtListener parenthetical corpus (CC0).

Judges: Wesley

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.