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Masi v. Sivin

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 26, 2010

GARIBALDI MASI, PLAINTIFF-APPELLANT,
v.
EDWARD SIVIN, ESQ., ET AL., DEFENDANTS-RESPONDENTS.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered November 10, 2008, which granted defendants' motions to dismiss the complaint, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Saxe, Nardelli, Renwick, Freedman, JJ.

107818/08

The doctrine of collateral estoppel bars this malpractice action by plaintiff against the four attorneys who successively represented him in a federal diversity suit that was dismissed for plaintiff's continuous and willful failure to comply with discovery orders, the district court having rejected his attempt to shift responsibility for the noncompliance to his attorneys (see Buechel v Bain, 97 NY2d 295, 303-304 [2001], cert denied 535 US 1096 [2001]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100126

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