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MATTER OF SATZ

12 A.D.2d 232 (1961)

In the Matter of Alfred Satz, an Attorney, Respondent. Association of the Bar of the City of New York, Petitioner

Appellate Division of the Supreme Court of the State of New York, First Department.

February 2, 1961.

Attorney(s) appearing for the Case

Raymond P. Whearty of counsel (Eric Nightingale, attorney), for petitioner.

Harry Roter for respondent.

BOTEIN, P. J., VALENTE, STEVENS, EAGER and BERGAN, JJ., concur.

Per Curiam.

A Referee has found that respondent was grossly negligent in not diligently prosecuting a tort action which respondent instituted on behalf of a client, resulting in a dismissal of the tort action and leaving the client only with an action for breach of warranty as a theory of recovery. If respondent had become convinced that the tort action could not be prosecuted successfully, it was his duty to notify...

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