Fred W. Nelson, etc., respondent, v Stanley Kalathara, defendant, Claude Simpson, appellant. (Index No. 3167/07)
2006-09551
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
2008 NY Slip Op 1313
February 13, 2008, Decided

Here, plaintiff is the guardian of an incapacitated seller of real property, and defendants were the attorneys for purchaser. Purchase funds went astray, going to incapacitated sellers former guardian [and a relative.] Seller’s Guardian unsuccessfully sued purchaser’s attorneys with whom he had no privity, and was unable to convince the court that there was fraud, or independent malicious acts necessary to bring an action against purchaser’s attorneys.

Plaintiff may not sue opponent’s attorneys, or attorneys who were not acting for plaintiff in the absence of independent fraud or malicious acts.

Tsvi Dallal, respondent, v Kantrowitz, Goldhamer & Graifman, P.C., appellant. (Index No. 99/2003)
2007-06135
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
2008 NY Slip Op 1295
February 13, 2008, Decided

Defendant attorney waited too long to bring a motion for summary judgment, which had to be brought within 60 days. Court cites two Court of Appeals cases on issue, Miceli and Brill.