From Casetext: Smarter Legal Research

212 E. 10 N.Y. Bar Ltd. v. Samel Assoc

Appellate Division of the Supreme Court of New York, First Department
Apr 28, 1998
249 A.D.2d 220 (N.Y. App. Div. 1998)

Opinion

April 28, 1998

Appeal from the Supreme Court, New York County (Richard Braun, J.).


Defendants, who represented plaintiff as trial counsel in the underlying action, have impleaded the attorneys who successfully represented plaintiff on the appeal in the underlying action and are now representing plaintiff in this malpractice action. Defendants claim that if the adverse judgment after their trial forced plaintiff into bankruptcy then any damages sustained by plaintiff attributable to the bankruptcy were caused not by their alleged malpractice at trial but by plaintiff's attorneys' failure to advise plaintiff to procure an appeal bond, or by plaintiff's failure to follow such advice if given, or by plaintiff's attorneys' failure to seek an expedited appeal. In view of plaintiff's attorneys' proof that they were not consulted and retained until almost three months after plaintiff filed for bankruptcy, it is dubious whether the financial repercussions of the bankruptcy could have been avoided by any such advice or action, making it speculative for defendants to assert a potential conflict of interest between plaintiff and its attorneys ( see, O'Donnell, Fox Gartner v. R-2000 Corp., 198 A.D.2d 154; see also, S S Hotel Ventures Ltd. Partnership v. 777 S. H. Corp., 69 N.Y.2d 437, 446). Nor is plaintiff's attorneys' status in the action as a party a basis for finding that their testimony will be necessary, or otherwise a sufficient ground for their disqualification ( see, Transcontinental Constr. Servs. v. McDonough, Marcus, Cohn Tretter, 216 A.D.2d 19).

Concur — Sullivan, J.P., Rosenberger, Nardelli, Rubin and Andrias, JJ.


Summaries of

212 E. 10 N.Y. Bar Ltd. v. Samel Assoc

Appellate Division of the Supreme Court of New York, First Department
Apr 28, 1998
249 A.D.2d 220 (N.Y. App. Div. 1998)
Case details for

212 E. 10 N.Y. Bar Ltd. v. Samel Assoc

Case Details

Full title:212 E. 10 N.Y. BAR LTD., Doing Business as 10TH STREET LOUNGE, Respondent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 28, 1998

Citations

249 A.D.2d 220 (N.Y. App. Div. 1998)
671 N.Y.S.2d 751

Citing Cases

Strongback Corp. v. (In re in Real Prop. Located At 3214, 3216, 3218, 3220 Cambridge Ave.)

NED's counterclaims baldly allege that Strongback's attorneys were liable for the exaggeration of the lien…

Strongback Corp. v. Georgoulis

NED's counterclaims baldly allege that Strongback's attorneys were liable for the exaggeration of the lien…