TOWNE v. ASADOURIAN


277 A.D.2d 800 (2000)

722 N.Y.S.2d 187

HAROLD A. TOWNE et al., Individually and as Parents and Guardians of HEATH S. TOWNE, an Infant, Respondents, v. ARA ASADOURIAN et al., Appellants.

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

Decided November 22, 2000.


Carpinello, J.

Defendants seek to dismiss plaintiffs' complaint seeking damages for legal malpractice, negligence and breach of contract on the grounds of collateral estoppel and res judicata. Briefly, they claim that this action is barred by a prior decision of Supreme Court finding that defendant Stephen Johnston is entitled to a Judiciary Law § 475 lien, Johnston having been discharged by plaintiffs in the underlying personal injury action (see, e.g., Summit...

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