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SELDON v. LEWIS BRISBOIS BISGAARD & SMITH LLP

12197-111916/10, 12198

116 A.D.3d 490 (2014)

984 N.Y.S.2d 23

2014 NY Slip Op 2503

PHILIP SELDON, Appellant, v. LEWIS BRISBOIS BISGAARD & SMITH LLP et al., Respondents.

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

Decided April 10, 2014.

Although plaintiff's loss in the underlying action did not collaterally estop him from asserting all of his Judiciary Law § 487 claims in this action (see generally D'Arata v New York Cent. Mut. Fire Ins. Co., 76 N.Y.2d 659, 664 [1990]), the court properly dismissed plaintiff's fraud and section 487 claims. Plaintiff's allegations do not amount to acts of deceit, and do not give rise to any inference that the defendant lawyers...

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