CHALPIN v. CARO (1999)

Supreme Court, Appellate Division, First Department, New York.

Edward CHALPIN, et al., Plaintiffs-Appellants, v. Chase CARO, Esq., et al., Defendants-Respondents.

Decided: October 05, 1999

SULLIVAN, J.P., WILLIAMS, WALLACH, LERNER and FRIEDMAN, JJ.

Andre L. Ferenzo, for Plaintiffs-Appellants. Brian D. Graifman, for Defendants-Respondents.

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered September 25, 1998, which granted defendants' motion dismissing complaint on the ground of res judicata, unanimously affirmed, with costs.

The Federal District Court's determination fixing the value of defendants' legal services in the underlying action in which defendants were retained by plaintiffs necessarily decided that there was no legal malpractice, and the interposition of such a claim is subsequently barred by the doctrine of res judicata (see Summit Solomon & Feldesman v. Matalon, 216 A.D.2d 91, 92, 627 N.Y.S.2d 690, lv. denied 86 N.Y.2d 711, 635 N.Y.S.2d 948, 659 N.E.2d 771). Given that the District Court had ancillary jurisdiction to decide the value of defendants' services in the underlying action (see, Cluett, Peabody & Co. v. CPC Acquisition Co., 863 F.2d 251, 256), it necessarily had ancillary jurisdiction to decide whether defendants committed any malpractice in that action.

MEMORANDUM DECISION.

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