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Haggerty v. Watson

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1950
277 App. Div. 789 (N.Y. App. Div. 1950)

Opinion

May 22, 1950.


In an action to recover damages against plaintiff's former attorneys based on an alleged breach of contract whereby they agreed to interpose certain defenses in an action brought by one Quern against plaintiff, which they failed to do, by reason of which a default judgment was entered by Quern against plaintiff, defendants' motion for summary judgment was denied. Order reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, with $10 costs. There was no merit to any of the defenses which plaintiff claims defendants failed to interpose. Therefore, the alleged damages suffered by plaintiff were not due to defendants' breach of contract. ( Maryland Cas. Co. v. Price, 231 F. 397, cited with approval in McAleenan v. Massachusetts Bonding Ins. Co., 232 N.Y. 199, 204.) Nolan, P.J., Carswell, Johnston, Adel and MacCrate, JJ, concur.


Summaries of

Haggerty v. Watson

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1950
277 App. Div. 789 (N.Y. App. Div. 1950)
Case details for

Haggerty v. Watson

Case Details

Full title:GEORGE F. HAGGERTY, Respondent, v. HAROLD D. WATSON et al., Individually…

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

Date published: May 22, 1950

Citations

277 App. Div. 789 (N.Y. App. Div. 1950)

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