The court properly found the existence of unresolved questions of fact precluding summary judgment dismissal of plaintiffs' complaint. The doctrines of law of the case and collateral estoppel have no applicability to this matter, since none of the issues herein have been resolved in this or related litigation. The earlier lawsuit against plaintiffs did not involve defendants' alleged legal malpractice and/or breach of contract. Neither our prior decision in this case (
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STARK v. GREENBERG, DAUBER & EPSTEIN
240 A.D.2d 208 (1997)
658 N.Y.S.2d 878
Norman Stark et al., Individually and as Partners of G.B.S. Properties, Respondents, v. Greenberg, Dauber & Epstein, Formerly Greenberg & Epstein, et al., Appellants. (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 10, 1997
June 10, 1997
Appellate Division of the Supreme Court of the State of New York, First Department.
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