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LEFKOWITZ v. ETRA & ETRA

13 A.D.3d 132 (2004)

787 N.Y.S.2d 5

ADRIENNE MARSH LEFKOWITZ, Appellant, v. ETRA & ETRA, Respondent.

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

December 9, 2004.

The instant claim for contribution is based upon allegations of breach of duty that were previously raised by plaintiff, and rejected on the merits, in a legal malpractice action litigated by the parties in Supreme Court, Westchester County. Plaintiff is thus collaterally estopped from relitigating her essential breach of duty claims (see Ryan v New York Tel., 62 N.Y.2d 494, 500 [1984]...

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