Opinion
December 1, 1997
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff alleged that the defendant committed 44 acts of deceit in violation of Judiciary Law § 487. The defendant had been counsel for the plaintiff's brother in both a prior action for the dissolution of the brothers' partnership and in a bankruptcy action brought in Federal Court. A Referee had been appointed to conduct an accounting for the dissolution of the partnership ( see, Stone v. Stone, 109 A.D.2d 834). The Referee's report was confirmed by order and judgment (one paper) of the Supreme Court, Westchester County, and, upon the plaintiff's appeal, that order and judgment was upheld by this Court ( Stone v. Stone, 229 A.D.2d 388). Inasmuch as the prior actions undisputedly addressed the instant allegations raised by the plaintiff and found them to be without merit, the plaintiff's cause of action based on Judiciary Law § 487 cannot stand ( see, Lazich v. Vittoria Parker, 189 A.D.2d 753). Also unavailing is the plaintiff's contention that the defendant's conduct in the prior actions caused him extreme emotional distress ( see, Yalkowsky v. Century Apts. Assocs., 215 A.D.2d 214; see also, Lazich v. Vittoria Parker, supra; Michalic v. Klat, 128 A.D.2d 505).
The plaintiff's remaining contention is without merit.
Miller, J. P., Sullivan, Santucci and Lerner, JJ., concur.