Two cases are reported this week.

Conti v. Frank, 2005 NY Slip Op 7615; 2005 N.Y. App. Div. LEXIS 10971, October 18, 2005, Decided, October 18, 2005. Plaintiff’s complaint for legal malpractice based on the failure to sue a physician [apparently as well as the hospital] was dismissed on CPLR 3211 grounds. The court implied that a medical malpractice case against the physician’s hospital employer negated legal malpractice for failure to sue the physician individually.

Rosato v. Zuchlewski, 2005 NY Slip Op 7809; 2005 N.Y. App. Div. LEXIS 11228, October 20, 2005, Decided, October 20, 2005 comes from “secret” negotiations in an employment discrimination case alleged to have caused plaintiff injury. The court denied dismissal on the stated facts.