MASI v. SIVIN

2048, 107818/08

69 A.D.3d 520 (2010)

894 N.Y.S.2d 386

2010 NY Slip Op 562

GARIBALDI MASI, Appellant, v. EDWARD SIVIN, ESQ., et al., Respondents.

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

Decided January 26, 2010.


The doctrine of collateral estoppel bars this malpractice action by plaintiff against the four attorneys who successively represented him in a federal diversity suit that was dismissed for plaintiff's continuous and willful failure to comply with discovery orders, the district court having rejected his attempt to shift responsibility for the noncompliance to his attorneys (see Buechel v Bain, 97 N.Y.2d 295, 303-304 [2001], cert...

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