· 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 CourtListenerSourced 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.