MOSHER v. BAINES


254 A.D.2d 467 (1998)

679 N.Y.S.2d 404

John Mosher, Appellant, v. Cyril Baines et al., Respondents

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

October 26, 1998


Ordered that the order is reversed, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the motions are denied, and the complaint is reinstated.

Contrary to the defendants' contentions, they may not avoid the plaintiff's claims of legal malpractice pursuant to the doctrine of res judicata. "Res judicata requires that when a cause of action has been adjudicated on the merits, the parties to the action are bound...

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