Landau, P.C. v. LaRossa, Mitchell & Ross

Andrias, J.P., and McGuire, J.,

concur in part and dissent in part in a memorandum by McGuire, J., as follows: While I agree with the majority that Supreme Court properly dismissed the claims of plaintiff Morris J. Eisen, I disagree with the majority’s conclusion that the claims of plaintiff Landau, P.C. (Landau) were properly dismissed. Accordingly, I dissent in part.

In 1986 the City of New York commenced a civil action against, among others, Morris J. Eisen, P.C. (the Eisen firm), and its sole shareholder, Eisen, seeking to recover sums the City *373had expended to settle or pay judgments in…