Legal Opinion
Lefkowitz v. Etra & Etra
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2004PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered April 22, 2002, which granted defendant’s motion pursuant to CELR 3211 (a) to dismiss the complaint, unanimously affirmed, with costs.
*133The instant claim for contribution is based upon allegations of breach of duty that were previously raised by plaintiff, and rejected on the merits, in a legal malpractice action litigated by the parties in Supreme Court, Westchester County. Plaintiff is thus collaterally estopped from relitigating her essential breach of duty claims (see Ryan v New York Tel., 62 NY2d 494, 500 [1984]).…
2Cases cited3 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Barrett v. Kasco Constr. Co., Inc.New York Court of Appeals · 1982
3Cited by3 opinions
- Lefkowitz v. Bank of New YorkDistrict Court, S.D. New York · 2009
- Siegel v. Zoning Board of Appeals of IrvingtonAppellate Division of the Supreme Court of the State of New York · 2010
- SC Prop. Dev., LLC v. MW Capital LLCAppellate Division of the Supreme Court of the State of New York · 2025