SWIFT v. KI YOUNG CHOE


242 A.D.2d 188 (1998)

674 N.Y.S.2d 17

J. David Swift, Appellant, v. Ki Young Choe et al., Respondents

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

June 4, 1998


Attorney(s) appearing for the Case

John M. Brickman of counsel (Howard B. Sachs on the brief; Ackerman, Levine & Cullen, L. L. P., attorneys), for appellant.

Lester Esterman of counsel (Bergadano, Zichello & McIntyre, L. L. P., attorneys), for respondents.

MILONAS, J. P., WILLIAMS, TOM and ANDRIAS, JJ., concur.


SAXE, J.

Where two clients with potentially competing interests agree to have the same attorney represent them, and ratify this dual representation by a written acknowledgment and release, are claims of attorney malpractice necessarily foreclosed? We hold that they are not.

The essential facts are as follows: until December 20, 1991, plaintiff J. David Swift (David) was nominally the owner of properties...

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