WATSON v. RHEINGOLD


270 A.D.2d 18 (2000)

703 N.Y.S.2d 188

EDWARD WATSON, Appellant, v. PAUL D. RHEINGOLD, Respondent.

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

Decided March 2, 2000.


The complaint alleging legal malpractice was properly dismissed on the ground that a judgment in another action rejecting plaintiff's claim for disability payments upon a finding that his injury was caused by a pre-existing medical condition necessarily precludes a finding in this action that but for defendant's negligence the jury in the underlying action would have found that the same injury was caused by plaintiff's fall over a negligently placed wastepaper basket. We...

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