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BEN-ZVI v. KRONISH LIEB WEINER HELLMAN LLP

Appellate Division of the Supreme Court of New York, First Department
Dec 28, 2000
278 A.D.2d 167 (N.Y. App. Div. 2000)

Opinion

December 28, 2000.

Judgment, Supreme Court, New York County (Barbara Kapnick, J.), entered July 20, 1999, dismissing the complaint for failure to state a cause of action, unanimously affirmed, without costs.

Roz Ben-Zvi, Pro Se

William J. Schwartz, for defendants-respondents.

Before: Rosenberger, J.P., Nardelli, Williams, Mazzarelli, Friedman, JJ.


Plaintiff's cause of action for legal malpractice based on defendants' representation of him in a Federal criminal proceeding is precluded by plaintiff's undisturbed conviction on some of the charges in that proceeding, an obstacle that plaintiff cannot avoid by pleading a purported cause of action for breach of contract alleging that defendants failed to perform their contract to represent him with due care (see,Kaplan v. Sachs, 224 A.D.2d 666, lv dismissed and denied 88 N.Y.2d 952). Plaintiff's cause of action for fraud, based on allegations that defendants billed him for services that either were not performed or were overstated, was properly dismissed for failure to satisfy the specificity requirement of CPLR 3016(b) (see, Callas v. Eisenberg, 192 A.D.2d 349). Plaintiff's cause of action for negligent infliction of emotional distress was properly dismissed for lack of an allegation that defendants' conduct unreasonably and directly endangered his physical safety (see, Wolkstein v. Morgenstern, 275 A.D.2d 635, 637 713 N.Y.S.2d 171, 172).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

BEN-ZVI v. KRONISH LIEB WEINER HELLMAN LLP

Appellate Division of the Supreme Court of New York, First Department
Dec 28, 2000
278 A.D.2d 167 (N.Y. App. Div. 2000)
Case details for

BEN-ZVI v. KRONISH LIEB WEINER HELLMAN LLP

Case Details

Full title:ROZ BEN-ZVI, PLAINTIFF-APPELLANT, v. KRONISH LIEB WEINER HELLMAN LLP, ET…

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

Date published: Dec 28, 2000

Citations

278 A.D.2d 167 (N.Y. App. Div. 2000)
718 N.Y.S.2d 328

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