Esposito v. Gary

── Esposito v. Gary ── Court: Court of Appeals for the Second Circuit Date: April 09, 2026 Category: General 25-1894-cv Esposito v. Gary UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 9th day of April, two thousand twenty-six. PRESENT: JOSÉ A. CABRANES, JOSEPH F. BIANCO, WILLIAM J. NARDINI, Circuit Judges. _____________________________________ LUISA CASTAGNA-ESPOSITO, Plaintiff-Counter- Defendant-Appellant, v. 25-1894-cv CHRISTOPHER CHESTNUT, individually, and as a partner of The Chestnut Firm, Christopher Chestnut, L.L.P., Defendants-Appellees, WILLIE E. GARY, individually, and as a partner of Williams, Parenti, Watson, Gary, Williams, Parenti, Lewis & Watson LLC, Defendants-Counter- Claimants-Appellees, ANDREW J. MALONEY III, individually, and as a partner of The Maloney Law Group, Jane Does, JANE DOES, Defendants. _____________________________________ FOR PLAINTIFF-COUNTER- LUISA C. ESPOSITO, pro se, DEFENDANT-APPELLANT: West Hempstead, NY. FOR DEFENDANTS-APPELLEES: No appearance. FOR DEFENDANTS-COUNTER- STEPHEN L. DRUMMOND, CLAIMANTS-APPELLEES: Drummond & Squillace, PLLC, Jamaica, NY. FOR DEFENDANTS: No appearance. Appeal from a judgment of the United States District Court for the Southern District of New York (Paul G. Gardephe, Judge). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court, entered on August 12, 2025, is AFFIRMED. Luisa Castagna Esposito, proceeding pro se, appeals from the district court’s judgment dismissing her legal malpractice action for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6). Esposito sued two of her former attorneys, Willie E. Gary and Christopher Chestnut, individually and as partners of their respective law firms, asserting legal malpractice and negligent misrepresentation. She alleged that Gary and Chestnut committed legal malpractice when representing her in a state court case against another one of her former attorneys, Allen Isaac, his law partner Harvey Gladstein, and their law firm, Gladstein & Isaac, LLP. The district court adopted the magistrate judge’s recommendation to dismiss Esposito’s first amended 2 complaint as time-barred. See generally Esposito v. Gary, 18 Civ. 11245 (PGG), 2020 WL 2520636 (S.D.N.Y. May 16, 2020). Esposito appealed, and this Court vacated the judgment, concluding that the district court incorrectly dismissed Esposito’s complaint as time-barred, and remanded the case fo