Legal Opinion

In re Nabut

Appellate Division of the Supreme Court of the State of New York

Decided October 17, 1949Published

1Opinion of the Court

*1052It is our opinion that this record does not present a proper case for such summary action against an attorney (Matter of Bailey v. Rutherford, 242 N. Y. 220, 223); and, furthermore, the judgment of a competent court, after trial of the issues between the parties, may not be thus collaterally impeached. (Trupin v. D. M. W. Contr. Co., 259 App. Div. 529, 532.) Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur. [See 276 App. Div. 783.]

2Cases cited2 opinions

  1. Matter of Bailey v. RutherfordNew York Court of Appeals · 1926
  2. Trupin v. D. M. W. Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1940