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N. A. KERSON CO., INC. v. SHAYNE

45 N.Y.2d 730 (1978)

N. A. Kerson Company, Inc., et al., Appellants, v. Shayne, Dachs, Weiss, Kolbrenner, Levy and Moe Levine, Individually and as Partners, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1978.

Attorney(s) appearing for the Case

Nathaniel Kerson, pro se, and Stephan A. Blum for appellants.

Samuel Halpern for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur; Judge WACHTLER taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs, for reasons stated in the concurring memorandum of Mr. Justice JOSEPH A. SUOZZI.

We would add only that plaintiff's proof, taken in its most favorable light, fails to establish a prima facie case of legal malpractice or fraud in connection with the execution of the stipulation of settlement of the prior action. Other than evidence of...

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