Williams v. Abrams, Lerner, Kisseloff

Full title: JAMES E. WILLIAMS, II, Appellant, v. ABRAMS, LERNER, KISSELOFF, KISSIN…

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

Date published: Jan 11, 1994

200 A.D.2d 420 (N.Y. App. Div. 1994)

606 N.Y.S.2d 218

Opinion

January 11, 1994

Appeal from the Supreme Court, New York County (Myriam Altman, J.).

Plaintiff's claim that defendants committed malpractice in failing to raise certain defenses in the foreclosure action was considered and rejected by the foreclosure court and the Second Department and is therefore barred by the doctrine of collateral estoppel (see, Rastelli v. Sutter, Moffatt, Yannelli Zerin, 87 A.D.2d 865). We have considered plaintiff's other arguments, including that summary judgment should not have been granted on the counterclaim for legal fees, and find them to be without merit.

Concur — Carro, J.P., Ellerin, Kupferman and Ross, JJ.