WRIGHT v. DIEBOLD


28 Misc.2d 978 (1961)

Mary M. Wright, Plaintiff, v. Charles H. Diebold et al., Doing Business as Diebold & Millonzi, Defendants.

Supreme Court, Special Term, New York County.

June 12, 1961


Attorney(s) appearing for the Case

Gibbons, Pottle, O'Shea & Adamson (Philip O'Shea of counsel), for defendants. Goldstein, Judd & Gurfein (Oren G. Judd and Morton I. Hamburg of counsel), for plaintiff.


ABRAHAM N. GELLER, J.

Defendants move to dismiss the amended complaint for legal insufficiency. Defendants are the plaintiff's former attorneys and are here being sued for negligence or malpractice in the handling of certain contract and allied claims against third parties. These claims are the subject of another action now pending, undetermined, in this court. In granting, with leave to replead, a prior motion by defendants to dismiss the original complaint...

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