Grossman v. Rosen

WIEAND, Judge:

The present appeal derives from a suit brought by an accounting firm against an attorney who allegedly sent fraudulent letters to the clients of the firm. The trial court, concluding that the action was barred by the prohibition against double recovery and principles of collateral estoppel, granted the attorney’s motion for summary judgment. Following careful review, we conclude that the grant of summary judgment was improper and must be reversed.

The relevant facts are as follows. In the latter part of 1980, Attorney Paul R. Rosen, acting on behalf of Alan Grossman (“A…