Legal Opinion

Tydings v. Greenfield, Stein & Senior, LLP

New York Court of Appeals

Decided October 16, 2008PublishedCited by 77 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

We hold that collateral estoppel does not prevent relitigation of a ruling that was an alternative basis for a trial-level decision, where an appellate court affirmed the decision without addressing that ruling. We also hold that, when a trustee resigns, the statute of limitations governing an action to compel her to account runs from the date the trusteeship is turned over to a successor trustee.

I

Frieda Tydings brings this legal malpractice action against the law firm of Greenfield, Stein & Senior, LLP (GSS), alleging that GSS’s negligence in defending a…

2Cases cited11 opinions

  1. Buechel v. BainNew York Court of Appeals · 2001
  2. In re the Estate of BarabashNew York Court of Appeals · 1972
  3. American Home Assurance Co. v. International InsuranceNew York Court of Appeals · 1997
  4. Malloy v. TrombleyNew York Court of Appeals · 1980
  5. O'Connor v. G&R Packing Co.New York Court of Appeals · 1981

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3Cited by77 opinions

  1. Samara v. MatarCalifornia Supreme Court · 2018
  2. Mahler v. CampagnaAppellate Division of the Supreme Court of the State of New York · 2009
  3. Capellupo v. Nassau Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  4. New York State Workers' Compensation Board v. Consolidated Risk Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Moran Enterprises, Inc.v. HurstAppellate Division of the Supreme Court of the State of New York · 2009

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