PATEL v. COOPER (1997)

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

Manoj Kumar PATEL, Plaintiff-Appellant, v. Nicholas C. COOPER, Defendant-Respondent.

Decided: November 20, 1997

Before SULLIVAN, J.P., and WILLIAMS, MAZZARELLI, ANDRIAS and COLABELLA, JJ.

Manoj Kumar Patel, Pro Se. John D. McKenna, for Defendant-Respondent.

Order, Supreme Court, New York County (Carol Huff, J.), entered January 15, 1997, which, inter alia, granted defendant's motion for summary judgment dismissing this complaint in an action for legal malpractice, unanimously affirmed, with costs.

Plaintiff's claims of defendant's malpractice were raised and rejected by this Court in his disbarment proceeding (Matter of Patel, 209 A.D.2d 100, 118, 625 N.Y.S.2d 137, rearg. denied 219 A.D.2d 510, 631 N.Y.S.2d 516, appeal dismissed 87 N.Y.2d 893, 640 N.Y.S.2d 873, 663 N.E.2d 914, lv. denied 87 N.Y.2d 1041, 644 N.Y.S.2d 138, 666 N.E.2d 1051), and he is collaterally estopped from asserting them again in this action (see, D'Arata v. New York Cent. Mut. Fire Ins. Co., 76 N.Y.2d 659, 664, 563 N.Y.S.2d 24, 564 N.E.2d 634). We have considered plaintiff's other claims, including bias on the part on the IAS court warranting recusal, and find them to be without merit.

MEMORANDUM DECISION.

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