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RETURN DATE· . December 13, 2 022
`
`SUPERIOR COURT OF
`
`Mark Cavaliere
`
`PLAINTIFF,
`
`V.
`
`Estate of Louis Volpintesta
`
`DEFENDANT.
`
`JUDICIAL DISTRICT
`OF STAMFORD/
`NORWALK
`
`AT STAMFORD
`
`October 3
`
`, 2022
`
`COMPLAINT
`Legal Malpractice
`
`PARTIES:
`'d
`ere res, es at 175 Tarbell Avenue, Watertown, CT 06795
`Plaintiff: Mark Cavali
`Defendant: Estate of Louis Volpintesta . 37 Ocean Drive North, Stamford, CT 06902
`
`Back Ground:
`On or about the 2021 the defendants did undertake to perform certain legal services for the
`plaintiff consisting of the following: representation of the Plaintiff, Mark Cavaliere, The Plaintiffs mother
`Carmela Cavaliere the Plaintiffs brother Frank Cavaliere Jr. During the said time frame, there was a
`meeting by and between Louis Volpentesta and Mark. At said meeting, Louis Volpintesta urged Plaintiff
`Mark Cavaliere to sign documents releasing his interests in certain assets. The Plaintiff was never advised
`as to exactly what was being signed. The Plaintiff was tricked into signing a document later reeling him of
`his soon to be inherited assets. The defendants failed to provide adequate representation and legal services
`
`to the plaintiff in that he manipulated the Plaintiff into signing a document with the belief of said
`document having no concern or damage over the Plaintiff.
`Law Offices of Frank N . Peluso, PC attorneys
`34 Hill Road , Greenwich , CT 06830 • (203) 348 - 2000 • Juris# 045981
`
`

`

`COUNT ONE: CONSPIRACY TO COMMIT FRAUD.
`
`a. Attorney Louis Volpintesta purposely and strategically incorrectly advised the Plaintiff to sign a
`
`document releasing him from his interests in a certain asset.
`
`b. For self interest in the possibility of receiving more funds, attorney Lou Volpintesta chose to
`
`trick the Plaintiff from releasing his interests in certain assets.
`
`COUNT TWO: BREACH OF CONTRACT.
`
`a. By engaging in the conduct set forth in the foregoing paragraphs the defendant breached their
`
`contract for the provision of legal services to the plaintiff. As a result of the defendants breach, the
`
`plaintiff has been damaged in that he was removed of his interests in certain assets.
`
`COUNT THREE: COMMON LAW NEGLIGENCE.
`
`a. As indicated in the foregoing paragraphs, as a result of the defendants' undertaking to provide
`
`legal services to the plaintiff, and their employment by the plaintiff for that purpose, the defendants had
`
`a duty of care to the plaintiff to exercise the skill and knowledge ordinarily possessed by under similar
`
`circumstances, to exercise a reasonable degree of care, skill, and dispatch in carrying out the business for
`
`which they were employed.
`
`b . By engaging in the conduct set forth in the foregoing paragraphs, the defendants negligently breached
`
`their duty of care to the plaintiff.
`
`I
`
`Law Offices of Frank N . Peluso, PC attorneys
`34 Hill Road, Greenwich, CT 06830 • (203) 348 - 2000 • Juris# 045981
`
`

`

`c. As a result of the defendants' breach of their duty of care the plaintiff has been damaged in
`that he has been removed from the Will of his Father, Frank Cavaliere, S.R.
`
`WHEREFORE, the Plaintiff Claims:
`
`1 . Monetary Damages;
`
`2. Double Damages;
`
`3. Treble Damages;
`4 . The Plaintiff would like a reversal of the contested matter so he can again become
`
`whole;
`
`The Plaintiff,
`
`By:._J..;/s~/~40~1~60~8~ -=~--l,.Ll,-.....:..£.:....1 __.tf.t~L'---'-':....o...
`Frank N. Peluso Esq.
`
`The Law Offices of Frank N. Peluso PC
`
`34 Hill Road
`
`Greenwich, CT 06830
`
`Law firm Juris: 045981
`
`Ph: 203 348-2000
`Email: Attorneyfrankpeluso@hotmail.com
`
`\
`
`Law Offices of Frank N. Peluso, PC attorneys
`34 Hill Road, Greenwich, CT 06830 • (203) 348 - 2000 · Juris # 045981
`
`

`

`RETURN DATE: December 13, 2022
`
`SUPERIOR COURT OF
`
`Mark Cavaliere
`
`PLAINTIFF,
`
`V.
`
`Estate of Louis Volpintesta
`
`DEFENDANT.
`
`JUDICIAL DISTRICT
`OF STAMFORD/
`NORWALK
`
`AT STAMFORD
`
`October 3 , 2022
`
`The amount, legal interest, or property in demand, is FIFTEEN THOUSAND ($15,000.00)
`
`DOLLARS or more exclusive of costs or interests.
`
`The Plaintiff,
`
`By:
`
`/ s/ 401608
`
`Frank N. Peluso Esq.
`
`The Law Offices of Frank N. Peluso PC
`
`34 Hill Road
`
`Greenwich, CT 06830
`
`Law firm Juris: 045981
`
`Ph: 203 348-2000
`
`Email: Attorneyfrankpeluso@hotmail.com
`
`Law Offices of Frank N . Pe luso, PC attorneys
`34 Hill Road, G reenw ich, CT 06830 • (203 ) 348 - 2000 • Juris # 045981
`
`

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