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Herkrath v. Gaffin Mayo

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 1993
192 A.D.2d 487 (N.Y. App. Div. 1993)

Summary

holding that attorneys sued for malpractice were entitled to assert third-party complaint for contribution and indemnification against subsequent attorney hired by client

Summary of this case from Decker v. Nagel Rice LLC

Opinion

April 29, 1993

Appeal from the Supreme Court, New York County (Beverly Cohen, J.).


The IAS Court properly determined that third-party defendant Grossman's motion for summary judgment dismissing the third-party complaint was precluded by triable issues of fact with respect to Grossman's role, if any, as plaintiff's counsel, in causing or exacerbating plaintiff's damages in the underlying legal malpractice action, and with respect to the viability of the Gaffin Defendants' third-party claim for contribution as against Grossman for plaintiff's ultimate injury since it is well settled that an attorney sued for malpractice may bring a third-party complaint seeking indemnity or contribution against a subsequently retained attorney whose negligence has contributed to or aggravated the plaintiff's damages. (Schauer v Joyce, 54 N.Y.2d 1; Hansen v Brognano, 137 A.D.2d 880, 881.)

We have reviewed third-party defendant Grossman's remaining claims and find them to be without merit.

Concur — Sullivan, J.P., Carro, Kupferman and Rubin, JJ.


Summaries of

Herkrath v. Gaffin Mayo

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 1993
192 A.D.2d 487 (N.Y. App. Div. 1993)

holding that attorneys sued for malpractice were entitled to assert third-party complaint for contribution and indemnification against subsequent attorney hired by client

Summary of this case from Decker v. Nagel Rice LLC
Case details for

Herkrath v. Gaffin Mayo

Case Details

Full title:PETER HERKRATH, Plaintiff, v. GAFFIN MAYO, P.C., et al., Respondents and…

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

Date published: Apr 29, 1993

Citations

192 A.D.2d 487 (N.Y. App. Div. 1993)
597 N.Y.S.2d 34

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