Suritz v. Kelner

The appellant, George Suritz, filed suit against Milton Kelner, an attorney who had at one time been employed by Suritz. In his complaint Suritz alleged that Kelner, while employed as attorney for Suritz, had negligently caused the dismissal with prejudice of a claim for personal injuries which Kelner was employed to prosecute.

Kelner, as defendant in this action against him, took the deposition of Suritz and moved for a summary judgment thereupon. The plaintiff, Suritz, filed the affidavit of a witness and served a notice of the taking of the deposition of the defendant and a motion for…