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CVC Capital Corp. v. Weil

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1993
192 A.D.2d 324 (N.Y. App. Div. 1993)

Opinion

April 1, 1993

Appeal from the Supreme Court, New York County (Myriam Altman, J.).


The IAS Court properly dismissed plaintiff's legal malpractice cause of action against defendants. Plaintiff's mere conclusory statement that there is additional documentary evidence in defendant's possession which will establish defendants' duty in a 1986 Puerto Rico bankruptcy matter to supervise the rendition of professional services by Puerto Rican law firms retained by plaintiff provides no basis, pursuant to CPLR 3212 (f), for postponing a decision on the summary judgment motion (see, European Am. Bank v Lofrese, 182 A.D.2d 67). More importantly, no material issues of fact exist as to whether "but for" any alleged negligence on defendants' part, what would have been a favorable outcome was an unfavorable one (Zarin v Reid Priest, 184 A.D.2d 385, 386). Even if sufficient evidence existed to demonstrate defendants owed a duty to supervise the Puerto Rico-based counsel, no independent duty existed to independently verify factual reports made by those attorneys concerning the timeliness of pleadings filed, their court appearances, and representations made concerning the actions of a bankruptcy trustee in 1986 (see, Broadway Maintenance Corp. v Tunstead Schechter, 110 A.D.2d 587).

Plaintiff's cause of action alleging breach of fiduciary duty merely tracks the allegations of the malpractice claim and does not allege any independent intentional tort, and was, therefore, properly dismissed (see, Zarin v Reid Priest, supra, at 387).

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

Concur — Sullivan, J.P., Kupferman, Asch and Kassal, JJ.


Summaries of

CVC Capital Corp. v. Weil

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1993
192 A.D.2d 324 (N.Y. App. Div. 1993)
Case details for

CVC Capital Corp. v. Weil

Case Details

Full title:CVC CAPITAL CORPORATION, Appellant, v. WEIL, GOTSHAL, MANGES et al.…

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

Date published: Apr 1, 1993

Citations

192 A.D.2d 324 (N.Y. App. Div. 1993)
595 N.Y.S.2d 458

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