Diserio Martin O'Connor & Castiglioni LLP

Firm Wins Dismissal of Lawsuit Against New Haven Attorney

November 8, 2011

Jonathan P. Whitcomb and Jonathan J. Kelson successfully defended a lawsuit against an attorney alleging negligence, breach of contract, and unfair trade practices arising out of the preparation and signing of a will. Mr. Whitcomb and Mr. Kelson argued that the case should have been dismissed as the claims were contingent on the outcome of a separate, pending probate appeal that involved overlapping issues related to the very same will. The New Haven Superior Court  agreed, and dismissed outright all of the claims against the firm’s client in a written decision after oral argument. The Court also refused to grant the plaintiff’s request to “stay” the case pending the resolution of the underlying probate appeal.