Legal Opinion

Schauer v. Joyce

New York Court of Appeals

Decided October 22, 1981PublishedCited by 97 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Cooke.

In this case, the court must decide whether appellant, a lawyer being sued by a former client for malpractice, properly brought a third-party claim for contribution against respondent, another attorney who subsequently represented the client in the same matter. It is held that *4appellant’s third-party claim is sufficient to withstand a motion to dismiss.

Vivian G. Schauer retained lawyer Patrick J. Joyce, the appellant, in November, 1975 to represent her in a matrimonial action. Joyce, on behalf of Mrs. Schauer, obtained from Supreme Court in January, 1976…

2Cases cited4 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
  3. Barry v. Niagara Frontier Transit System, Inc.New York Court of Appeals · 1974
  4. Smith v. SapienzaNew York Court of Appeals · 1981

3Cited by97 opinions

  1. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  2. Board of Education v. Sargent, Webster, Crenshaw & FolleyNew York Court of Appeals · 1987
  3. Raquet v. BraunNew York Court of Appeals · 1997
  4. Trustees of Columbia University v. Mitchell/Giurgola AssociatesAppellate Division of the Supreme Court of the State of New York · 1985
  5. Barker v. KallashNew York Court of Appeals · 1984

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