New Mexico Estops New York

A legal malpractice claim was properly dismissed, according to a recent decision of the New York Appellate Division for the First Judicial Department

Plaintiff’s claims in this legal malpractice action are barred by the doctrine of collateral estoppel (see Buechel v Bain , 97 NY2d 295, 303-304 [2001], cert denied 535 US 1096 [2002]; CPLR 3211[a][5]). There is an identity of issues necessarily decided in plaintiff’s related malpractice action against defendant’s cocounsel in New Mexico and decisive of this action, and plaintiff does not dispute that it vigorously contested cocounsel’s successful motions for summary judgment dismissing the New Mexico action.

We note also that the complaint fails to state a cause of action (CPLR 3211[a][7]). The allegations not only are sheer speculation but also are precluded by plaintiff’s settlement of the underlying action for reasons other than defendant’s alleged malpractice (see Rodriguez v Fredericks , 213 AD2d 176, 178 [1st Dept 1995], lv denied 85 NY2d 812 [1995]).

(Mike Frisch)