Legal Opinion
Beattie v. Brown & Wood
Appellate Division of the Supreme Court of the State of New York
Decided October 28, 1997PublishedCited by 17 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered December 17, 1996, dismissing the complaint upon the basis of documentary evidence, among other reasons, unanimously affirmed, with costs.
Plaintiff client’s allegation that he was not advised by defendant law firm that a settlement agreement, which he executed in an earlier action, withdrew his counterclaims in that action with prejudice, is flatly contradicted by the agreement itself. “Although on a motion to dismiss the complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the facts pleaded are…
2Cases cited3 opinions
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- Ullmann v. Norma Kamali, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Wexler v. Shea & GouldAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by17 opinions
- Laruccia v. Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLPAppellate Division of the Supreme Court of the State of New York · 2002
- Diamond v. SokolDistrict Court, S.D. New York · 2006
- Friedman v. FifeAppellate Division of the Supreme Court of the State of New York · 1999
- Martin v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2009
- HT Capital Advisors, L. L. C. v. Optical Resources Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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