Paton v. Kutner & Lynch

Order, Supreme Court, New York County (Joan Lobis, J.), entered February 2, 1994, which, in an action for legal malpractice based upon defendants’ failure to timely file an adversary proceeding in Bankruptcy Court challenging the dischargeability of a debt owed to plaintiff, inter alia, denied plaintiff’s motion for partial summary judgment and denied defendants’ cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

As the IAS Court explained, the State court judgment representing the debt in question adjudicated only plaintiff’s contract claims.…