Costello v. Goldstein & Peck, P.C.Annotate this Case
Plaintiffs, a married couple proceeding as self-represented parties, commenced a legal malpractice action against Defendants by way of a complaint and a summons. Defendants filed a motion to dismiss the complaint on the ground that the writ of summons failed to provide either a recognizance by a third party or a certification of Plaintiffs’ financial responsibility. The trial court granted the motion and dismissed the action. The Appellate Court summarily affirmed the judgment of dismissal. The Supreme Court reversed, holding that the trial court abused its discretion by failing to afford Plaintiffs an opportunity to file a bond to avoid dismissal of the action. Remanded.