Legal Opinion

Nat Kagan Meat & Poultry, Inc. v. Kalter

Appellate Division of the Supreme Court of the State of New York

Decided May 21, 1979PublishedCited by 14 opinions

1Opinion of the Court

— In a legal malpractice action, defendants appeal from an order of the Supreme Court, Orange County, dated November 8, 1978, which denied their renewed motion for summary judgment. Order reversed, on the law, with $50 costs and disbursements and the motion is granted. A judicial determination fixing the value of a professional’s services necessarily decides that there was no malpractice (Blair v Bartlett, 75 NY 150). This rule applies where an attorney seeks a charging lien for services rendered by him in the underlying action (see Judiciary Law, § 475) as well as to a plenary action for…

2Cases cited3 opinions

  1. Blair v. . BartlettNew York Court of Appeals · 1878
  2. Shire Realty Corp. v. SchorrAppellate Division of the Supreme Court of the State of New York · 1977
  3. Regan v. Marco M. Frisone, Inc.Appellate Division of the Supreme Court of the State of New York · 1976

3Cited by14 opinions

  1. Schweizer v. MulvehillDistrict Court, S.D. New York · 2000
  2. Chisholm-Ryder Co. v. Sommer & SommerAppellate Division of the Supreme Court of the State of New York · 1980
  3. Altamore v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1993
  4. John Grace & Co. v. Tunstead, Schechter & TorreAppellate Division of the Supreme Court of the State of New York · 1992
  5. Carson v. GibsonDistrict Court of Appeal of Florida · 1994

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