ZITO v. HARDING

4094N, 602308/04.

80 A.D.3d 520 (2011)

915 N.Y.S.2d 260

ROBERT J.A. ZITO, Plaintiff, v. FISCHBEIN BADILLO WAGNER HARDING et al., Defendants. ROBERT J.A. ZITO, Respondent, v. NIMKOFF ROSENFELD & SCHECHTER, LLP, Appellant, et al., Defendant.

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

Decided January 20, 2011.


Plaintiff is collaterally estopped from seeking a declaration that he had cause to terminate his attorney-client relationship with defendant Nimkoff Rosenfeld & Schechter (the third cause of action) by this Court's order on a prior appeal, which implicitly determined that defendant was not discharged for cause, because in fact it was not discharged at all but voluntarily withdrew (see 58 A.D.3d 532 [2009]). Any other construction...

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