Opinion
No. 2048 107818/08.
January 26, 2010.
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered November 10, 2008, which granted defendants' motions to dismiss the complaint, unanimously affirmed, with costs.
The Law Offices of Neal Brickman, P.C., New York (Neal Brickman of counsel), for appellant.
Mound Cotton Wollan Greengrass, New York (Mark S. Katz of counsel), for Edward Sivin and Sivin Miller, LLP, respondents.
William C. House, New York, respondent pro se. Jeffrey Lessoff, New York, respondent pro se.
Boundas, Skarzynski, Walsh Black, LLC, New York (Evan Shapiro of counsel), for Robert D. Becker and Becker D'Agostino, P.C., respondents.
Before: Tom, J.P., Saxe, Nardelli, Renwick and Freedman, JJ.
The doctrine of collateral estoppel bars this malpractice action by plaintiff against the four attorneys who successively represented him in a federal diversity suit that was dismissed for plaintiffs continuous and willful failure to comply with discovery orders, the district court having rejected his attempt to shift responsibility for the noncompliance to his attorneys ( see Buechel v Bain, 97 NY2d 295, 303-304, cert denied 535 US 1096).