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<b>Counsel Concerns</b>Singer Toni Basil's Malpractice Suit Was Filed Too Late
Singer Toni Basil's legal malpractice suit against the attorney and firm who, she argued, did not adequately protect her rights to her 1980s pop standard “Mickey,” must be dismissed as time barred, a New York appellate court ruled.
A unanimous panel of the New York Appellate Division, First Department, reversed a decision by Manhattan Supreme Court Justice Paul Wooten that had let the case proceed. The appellate court determined in Basilotta v. Warshavsky, 115524-2009, http://1.usa.gov/zlgxfD, that the limitations period for her action had expired at least more than one year before she filed her claim.
Basil's 1982 song “Mickey” achieved pop culture fame, with its lyrics “Oh Mickey, you're so fine/You're so fine you blow my mind/Hey Mickey, hey Mickey.” Seeking compensation for an alleged unauthorized use of the song by the Subway sandwich chain, Basil ' whose real name is Antonia Christina Basilotta ' retained attorney Oren J. Warshavsky, then of New York City's Gibbons, Del Deo, Dolan, Griffinger & Vecchione. Warshavsky began two suits in 2004 and relayed a $35,000 settlement offer to Basilotta, which she rejected. Warshavsky left the firm in late 2006 and is now with Baker Hostetler.
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