Marlett v. Hennessy

from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered September 25, 2007 in a legal malpractice action. The order denied the motion of defendants and third-party defendants to dismiss the third-party complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied the motion of defendants and third-party defendants (Hennessy defendants) seeking to dismiss the third-party complaint based on the doctrine of res judicata. Because the cross claims asserted against the Hennessy defendants in…