Capogrosso v Kansas
2009 NY Slip Op 01916 [60 AD3d 522]
March 19, 2009
Appellate Division, First Department
As corrected through Wednesday, May 6, 2009


Eleanor Capogrosso, Appellant,
v
Tina Kansas,Respondent.

[*1]Eleanor Capogrosso, New York, appellant pro se.

Tina Kansas, New York, respondent pro se.

Judgment, Supreme Court, New York County (Debra A. James, J.), entered July 24, 2007, inan action for legal malpractice, dismissing the complaint pursuant to an order, which, inter alia,granted defendant's motion to dismiss the complaint and enjoined plaintiff from initiating anyfurther litigation without prior approval of the administrative judge of the court in which sheseeks to bring a further motion or future action, unanimously affirmed, with costs.

Plaintiff's action for legal malpractice is barred by the statute of limitations, which began torun no later than the day the order dismissing her underlying medical malpractice action wasentered (see McCoy v Feinman, 99 NY2d 295, 298 [2002]). The injunction barringplaintiff from initiating further litigation without prior court approval was justified in light of theevidence of plaintiff's repeated abuse of the judicial process and her penchant for vexatiousconduct (Sassower v Signorelli, 99 AD2d 358 [1984]).

We have considered plaintiff's remaining contentions, including that the motion to dismisswas jurisdictionally defective, and find them unavailing. Concur—Tom, J.P., Saxe,Sweeny, Acosta and Freedman, JJ. [See 2007 NY Slip Op 32042(U).]


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