Ceriale

Plaintiff, Robin Ceriale, has filed a legal malpractice complaint against defendant, Joseph Taback, the attorney who represented her in a marriage dissolution proceeding, and his professional corporation. She challenges an order of the respondent court granting the motion of defendant to bifurcate the trial and try certain matters as equitable issues without a jury. We conclude the plaintiff is entitled to a jury trial despite the fact the underlying lawsuit was one that would only be the subject of a bench trial.

The operative complaint alleges causes of action for: contract breach; professional negligence; negligent misrepresentation; fiduciary duty breach; and negligent and intentional infliction of emotional distress. All of plaintiff’s claims involved allegations of negligence or neglect by defendant in connection with an underlying marital dissolution lawsuit. Plaintiff alleged defendant failed to take the following steps to protect her interests: defendant recommended and induced plaintiff to stipulate to a settlement agreement which contained an inadequate level and duration of spousal support; the settlement agreement should not have been nonmodifiable; her…