Auchampaugh v. Lewis

Appeals from two orders of the Supreme Court (Rose, J.), entered February 16, 1990 and March 16, 1990 in Tompkins County, which, inter alia, granted plaintiff’s second motion for preclusion.

Plaintiff commenced this action against defendant, who was the attorney who formerly represented decedent. The complaint alleges that defendant, who has been disbarred (see, Matter of Lewis, 159 AD2d 854, appeal dismissed, lv denied 76 NY2d 783), wrongfully used a power of attorney to convert and misappropriate sums from his elderly, infirm client (supra, at 856-857). Defendant’s pro se answer asserted…