Appellate Division of the Supreme Court of New York, 1949

In re Nabut

In re Nabut
Appellate Division of the Supreme Court of New York · Decided October 17, 1949
275 A.D.2d 1051
In re Nabut

Opinion of the Court

*1052It is our opinion that this record does not present a proper case for such summary action against an attorney (Matter of Bailey v. Rutherford, 242 N. Y. 220, 223); and, furthermore, the judgment of a competent court, after trial of the issues between the parties, may not be thus collaterally impeached. (Trupin v. D. M. W. Contr. Co., 259 App. Div. 529, 532.) Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur. [See 276 App. Div. 783.]

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