Appellate Division of the Supreme Court of New York, 2000

Coleman v. Fox Horan & Camerini, L. L. P.

Coleman v. Fox Horan & Camerini, L. L. P.
Appellate Division of the Supreme Court of New York · Decided July 6, 2000
274 A.D.2d 308; 711 N.Y.S.2d 723; 2000 N.Y. App. Div. LEXIS 7580
Coleman v. Fox Horan & Camerini, L. L. P.

Cases that cite this one

4 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment, Supreme Court, New York County (Beverly Cohen, J.), entered *309May 26, 1999, dismissing the complaint for legal malpractice and bringing up for review an order, same court and Justice, entered on or about May 6, 1999, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211, unanimously affirmed, without costs. Appeal from the aforesaid May 6, 1999 order, unanimously dismissed, without costs, as subsumed in the appeal from the ensuing judgment.

Assuming that defendant attorneys breached their duty to disclose a conflict of interest with plaintiff client, plaintiff’s claims against them and their firm for malpractice and breach of fiduciary duty were nonetheless properly dismissed since plaintiff failed sufficiently to set forth the manner in which the alleged breach caused him to sustain damages (see, Franklin v Winard, 199 AD2d 220).

We have reviewed plaintiff’s remaining arguments and find them unavailing. Concur — Rosenberger, J. P., Williams, Rubin, Saxe and Buckley, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.