Patel v Pearlman (2005 NYSlipOp 50827(U))

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Patel v Pearlman

2005 NYSlipOp 50827(U)

Decided on June 2, 2005

Appellate Term, First Department

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

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 2, 2005

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. PHYLLIS GANGEL-JACOB, Justices.
570870/03

Manoj K. Patel, Plaintiff-Appellant,

against

Stephen E. Pearlman, Esq., NATU I. PATEL AND MINA PATEL, Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court, New York County, entered March 6, 2003 (Eileen N. Nadelson, J.) which denied his motion, inter alia, to compel defendants to comply with his discovery demands and granted defendants' cross motion for summary judgment dismissing the complaint.

PER CURIAM:

Order entered March 6, 2003 (Eileen N. Nadelson, J.) affirmed, without costs, for the reasons stated in the decision of Eileen N. Nadelson, J. at Civil Court.

The court properly concluded that the prior, unappealed judicial determination setting the amount of the plaintiff-attorney's quantum meruit recovery of legal fees "conclusively determined" the issue and is binding upon plaintiff under familiar principles of res judicata.

This constitutes the decision and order of the court.
Decision Date: June 02, 2005