Appellate Division of the Supreme Court of New York, 2000

Best v. Law Firm of Queller & Fisher

Appellate Division of the Supreme Court of New York · Decided December 26, 2000

278 A.D.2d 441; 718 N.Y.S.2d 397; 2000 N.Y. App. Div. LEXIS 13905

Cases that cite this one

5 later published cases cite this decision.

Iannucci v. Kucker & Bruh, LLP (Appellate Division of the Supreme Court of New York 2007)
Izko Sportswear Co. v. Flaum (Appellate Division of the Supreme Court of New York 2006)
Izko Sportswear Co. v. Flaum (Appellate Division of the Supreme Court of New York 2005)
Laruccia v. Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLP (Appellate Division of the Supreme Court of New York 2002)
Lory v. Parsoff (Appellate Division of the Supreme Court of New York 2002)

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

In an action, inter alia, to recover damages for legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Alpert, J.), dated October 14, 1999, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In a prior proceeding, the Supreme Court found that the *442defendants in this action, who were the attorneys for the plaintiffs in that proceeding, were entitled to their agreed-upon legal fee. Inasmuch as that determination necessarily decided that there was no malpractice, the plaintiffs are precluded from asserting a cause of action alleging malpractice (see, Kagan Meat & Poultry v Kalter, 70 AD2d 632).

Moreover, the Supreme Court properly dismissed the causes of action alleging fraud and breach of contract and for indemnification, since these arise from the same facts as the malpractice cause of action, and thus are duplicative of that cause of action (see, Mecca v Shang, 258 AD2d 569). Santucci, J. P., Altman, Goldstein and McGinity, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.