Appellate Division of the Supreme Court of New York, 2006

Kinberg v. Garr

Kinberg v. Garr
Appellate Division of the Supreme Court of New York · Decided April 6, 2006
28 A.D.3d 245; 811 N.Y.S.2d 568
Kinberg v. Garr

Opinion of the Court

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered March 8, 2004, which granted defendants’ motion for *246renewal and dismissed this legal malpractice action, unanimously affirmed, with costs.

Plaintiffs adverse determination in defendants’ prior action to recover fees for the rendering of professional services precludes a finding of malpractice with regard to the same services (see Ahearn v Arvan, 2 AD3d 469 [2003]; Chisholm-Ryder Co. v Sommer & Sommer, 78 AD2d 143 [1980]), as such determination “implicitly finds that there was no malpractice” (Koppelman v Liddle, O’Connor, Finkelstein & Robinson, 246 AD2d 365, 366 [1998]).

We have considered plaintiffs remaining arguments and find them without merit. Concur—Sullivan, J.P., Nardelli, Williams, Sweeny and McGuire, JJ.

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