Speken v. Moore

Order, Supreme Court, New York County (Walter Tolub, J.), entered April 23, 2003, which, in an action for legal malpractice, *199granted defendant’s motion to dismiss the complaint on the grounds of, inter alia, res judicata, unanimously affirmed, without costs.

The underlying action was for wrongful death based on medical malpractice, and was settled just before trial. Two attempts by plaintiff to vacate the settlement were denied, the second on the ground that it was precluded by the denial of the first (Speken v Columbia Presbyt. Med. Ctr., 278 AD2d 154 [2000]; Speken v Columbia Presbyt. Med.…