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CARMEL v. LUNNEY

70 N.Y.2d 169 (1987)

Paul F. Carmel, Appellant, v. J. Robert Lunney et al., Doing Business as Lunney & Crocco, Esqs., Respondents and Third-Party Plaintiffs-Respondents, et al., Defendant. John W. Tabner et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided July 9, 1987.

Attorney(s) appearing for the Case

Steven M. Gates and Robert M. Cohen for appellant.

Thomas W. Hyland, James L. Fischer, Glen S. Feinberg and Nina Gangiano for respondents.

Roger J. Cusick for John W. Tabner and others, third-party defendants-respondents.

Timothy J. Mahar for Howard M. Daffner, third-party defendant-respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

ALEXANDER, J.

In this action for legal malpractice based upon the alleged breach of an attorney's duty to advise his client of potential conflicts of interest and of the possible criminal consequences of incriminating testimony given during a Martin Act hearing, the undisturbed determination of the client's guilt in the subsequent criminal prosecution precludes him, as a matter of law, from recovering for civil...

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