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MII Exports, Inc. v. Mooney

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1996
223 A.D.2d 499 (N.Y. App. Div. 1996)

Opinion

January 30, 1996

Appeal from the Supreme Court, New York County (Joan Lobis, J.).


The third-party complaint was properly dismissed since it is clear that third-party defendants, substituted by plaintiffs as their attorneys in the underlying action in place of defendant attorney Donald Mooney, did not breach any duty owing to plaintiffs or contribute to the alleged legal malpractice which allegedly caused plaintiffs to sustain damages ( see, Rosner v Paley, 65 N.Y.2d 736). That third-party defendants moved to vacate, modify or reopen a prior summary judgment order in the underlying action instead of appealing that order, and that they negotiated a settlement upon the consent of their clients, plaintiffs herein, does not raise an issue of fact as to legal malpractice on the part of third-party defendants ( see, supra, at 738; see also, Kramer v Belfi, 106 A.D.2d 615; Soliman v Ebasco Servs., 822 F.2d 320, 323 [2d Cir 1987], cert denied 484 U.S. 1020).

We have considered third-party plaintiff's other contentions and find them to be without merit.

Concur — Rosenberger, J.P., Wallach, Nardelli, Williams and Tom, JJ.


Summaries of

MII Exports, Inc. v. Mooney

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1996
223 A.D.2d 499 (N.Y. App. Div. 1996)
Case details for

MII Exports, Inc. v. Mooney

Case Details

Full title:MII EXPORTS, INC., et al., Plaintiffs, v. DONALD F. MOONEY, Defendant and…

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

Date published: Jan 30, 1996

Citations

223 A.D.2d 499 (N.Y. App. Div. 1996)
637 N.Y.S.2d 95

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