GOOD OLD DAYS TAVERN INC v. ZWIRN (1999)

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

GOOD OLD DAYS TAVERN, INC., et al., Plaintiffs-Respondents, v. Gerard ZWIRN, Esq., Joseph Fischer and Ernest H. Hammer, Esq., Defendants-Appellants.

Decided: December 21, 1999

NARDELLI, J.P., WILLIAMS, WALLACH and LERNER, JJ.

Cheryl Reiss-Curtis, for Plaintiffs-Respondents. Defendants-Appellants, Pro Se.

Order, Supreme Court, New York County (Paula Omansky, J.), entered July 7, 1999, which in an action for legal malpractice and fraud in connection with a bankruptcy proceeding, denied defendants' motion for renewal of their previously denied motion for summary judgment, unanimously affirmed, with costs.

The motion court properly denied defendants' motion to renew. Defendants' argument, that this Court's ruling that the individual plaintiff has standing to sue for legal malpractice (Good Old Days Tavern, Inc. v. Zwirn, 259 A.D.2d 300, 686 N.Y.S.2d 414), requires dismissal of his claim for fraud and his Judiciary Law cause of action, is meritless. Plaintiff Day's fraud and Judiciary Law claims are distinct and independent from his legal malpractice claim and his standing to sue for malpractice in no way precludes assertion of his other claims.

MEMORANDUM DECISION.

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law