From Casetext: Smarter Legal Research

Fowler v. Parks

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1998
248 A.D.2d 210 (N.Y. App. Div. 1998)

Opinion

March 12, 1998

Appeal from the Supreme Court, New York County (David Saxe, J.).


In this action seeking damages against a client for alleged fraudulent inducement to enter into an oral contingency retainer agreement, the IAS Court, in finding that the complaint failed to state a cause of action, properly held that public policy precluded a cause of action for fraud by an attorney against a client ( see, Demov, Morris, Levin Shein v. Glantz, 53 N.Y.2d 553, 557; Liner Technology v. Hayes, 213 A.D.2d 881, 882).

Under the circumstances herein, it was a proper exercise of the IAS Court's discretion to enjoin plaintiff from pursuing additional litigation against defendants or their representatives without prior permission of the court ( see, Schwartz v. Nordstrom, Inc., 160 A.D.2d 240, 242, appeal dismissed 76 N.Y.2d 845, lv denied 76 N.Y.2d 711, citing Sassower v. Signorelli, 99 A.D.2d 358, 359-360).

We have considered plaintiff's remaining arguments and find them to be without merit.

Concur — Ellerin, J. P., Nardelli, Williams and Mazzarelli, JJ. [As amended by unpublished order entered May 14, 1998.]


Summaries of

Fowler v. Parks

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1998
248 A.D.2d 210 (N.Y. App. Div. 1998)
Case details for

Fowler v. Parks

Case Details

Full title:GEORGE H. FOWLER, Appellant, v. GORDON PARKS et al., Respondents

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

Date published: Mar 12, 1998

Citations

248 A.D.2d 210 (N.Y. App. Div. 1998)
669 N.Y.S.2d 820

Citing Cases

Wise v. Consolidated Edison Co. of N.Y

ell, 181 A.D.2d 558, lv denied 80 N.Y.2d 893). The fact that defendant mailed to plaintiff, after his…