Carmel v. Lunney

In my view, Special Term properly denied the motions for summary judgment dismissing the complaint. The majority holds that, so long as plaintiffs conviction based upon his guilty plea has not been vacated in a postconviction proceeding in the underlying criminal action on the basis of ineffective assistance of counsel, it stands as a conclusive bar to plaintiffs action. This follows, according to the majority, because the conviction negates proximate causation, or because it precludes plaintiff from showing that "he would have been successful in the underlying, criminal action if defendants…