Morrison v. Epstein

Appellate Division of the Supreme Court of New York

Morrison v. Epstein

199 A.D.2d 369, 608 N.Y.S.2d 92, 1993 N.Y. App. Div. LEXIS 12145

Appellate Division of the Supreme Court of the State of New York·Decided December 20, 1993·Published

Opinion

In an action to recover a fee for legal services, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Delaney, J.), entered August 9, 1991, as denied those branches of his motion which were for an award of sanctions and summary judgment dismissing the defendants’ third counterclaim sounding in legal malpractice.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs’ contention, we find no improvident exercise of discretion in the court’s refusal to impose sanctions pursuant to 22 NYCRR part 130. Moreover, we agree with the court’s determination that triable issues of fact exist with respect to the third counterclaim sounding in legal malpractice (see, PJI 2:152). Sullivan, J. P., O’Brien, Ritter and Joy, JJ., concur.

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In an action to recover a fee for legal services, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Delaney, J.), entered August 9, 1991, as denied those branches of his motion which were for an award of sanctions and summary judgment dismissing the defendants’ third counterclaim sounding in legal malpractice.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs’ contention, we find no improvident exercise of discretion in the court’s refusal to impose sanctions pursuant to 22 NYCRR part 130. Moreover, we agree with the court’s determination that triable issues of fact exist with respect to the third counterclaim sounding in legal malpractice (see, PJI 2:152). Sullivan, J. P., O’Brien, Ritter and Joy, JJ., concur.

Morrison v. Epstein, 199 A.D.2d 369, 608 N.Y.S.2d 92, 1993 N.Y. App. Div. LEXIS 12145 (N.Y. Ct. App. 1993).

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199 A.D.2d 369 (Morrison v. Epstein) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.