Winstock v. Galasso, A-2715-10T2; Appellate Division; opinion by Fuentes, P.J.A.D.; decided and approved for publication May 6, 2013. Before Judges Fuentes, Graves and Harris. On appeal from the Law Division, Morris County, L-1213-07. [Sat below: Judge Dumont.] DDS No. 04-2-9850 [42 pp.]

In this legal-malpractice case, plaintiff Richard Winstock sued defendant attorney Amato Galasso, claiming that his incorrect legal advice resulted in him having to plead guilty to third-degree promotion of gambling. Plaintiff’s wife, Jennifer Winstock, was indicted for the same offense based on her role as the owner and registered agent of the limited liability corporation, Fifth Street Club, L.L.C., that operated and promoted the gambling enterprise. Despite the state consenting to her admission into pretrial intervention, co-plaintiff sued defendant based on the same theory of liability.