Opinion
June 3, 1993
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
We agree with the IAS Court that the issues raised herein concerning adequacy of the wrongful death action, settlement, and the actions of plaintiff administratrix's attorneys in obtaining it, were decided in the wrongful death action when plaintiff unsuccessfully sought to vacate the stipulation of settlement therein (see, Weiss v. 103 Cent. Park W. Corp., 150 A.D.2d 678, lv dismissed 75 N.Y.2d 865), and that collateral estoppel now precludes plaintiff from litigating whether a larger settlement could have been achieved but for the malpractice of her attorneys. The cause of action for fraud was also properly dismissed as not separate and distinct from the cause of action for legal malpractice (see, LaBrake v. Enzien, 167 A.D.2d 709).
Concur — Murphy, P.J., Sullivan, Milonas, Kupferman and Kassal, JJ.