Legal Opinion

Balkheimer v. Spanton

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

Decided February 6, 2013PublishedCited by 10 opinions

1Opinion of the Court

In an action to recover damages for legal malpractice, the third-party defendants appeal from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated December 9, 2011, which denied their motion pursuant to CPLR 3211 (a) (5) and (7) to dismiss the third-party complaint.

Ordered that the order is reversed, on the law, with costs, and the motion of the third-party defendants pursuant to CPLR 3211 (a) (5) and (7) to dismiss the third-party complaint is granted.

Pursuant to General Obligations Law § 15-108 (b), “[a] release given in good faith by the injured person to one tortfeasor as…

2Cases cited8 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Mas v. Two Bridges AssociatesNew York Court of Appeals · 1990
  3. Raquet v. BraunNew York Court of Appeals · 1997
  4. Jakobleff v. Cerrato, Sweeney & CohnAppellate Division of the Supreme Court of the State of New York · 1983
  5. Kagan v. JacobsAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by10 opinions

  1. Greenberg v. BlakeAppellate Division of the Supreme Court of the State of New York · 2014
  2. Kingston Check Cashing Corp. v. Nussbaum Yates Berg Klein & Wolpow, LLPAppellate Division of the Supreme Court of the State of New York · 2023
  3. United States Fire Insurance v. RaiaAppellate Division of the Supreme Court of the State of New York · 2014
  4. Ponce v. Miao Ling LiuAppellate Division of the Supreme Court of the State of New York · 2014
  5. Moraskin v. LatiAppellate Division of the Supreme Court of the State of New York · 2023

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