An attorney malpractice action arising from a real estate transaction has been dismissed, and plaintiff’s attorney sanctioned for frivolity

reports the New York Law Journal http://www.NYLJ.com, publishing a decision in Baystone Equities, Inc. v. Handel-Harbour by Justice Tolub, Supreme Court, New York County.

Because of prior litigation, this claim was dismissed on the basis of collateral estoppel. This doctrine tells us that a party may not re-litigate in a subsequent action any issues that were clearly raised in a prior action or proceeding and decided against that party.

In this case, plaintiff lost and her attorney was sanctioned for bringing a frivolous action, frivolous because all claims had previously been dismissed while the same attorney had been representing plaintiff.