| Benedict v Whitman Breed Abbott & Morgan |
| 2010 NY Slip Op 07706 [77 AD3d 872] |
| October 26, 2010 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Patricia E. Benedict et al., Respondents, v Whitman Breed Abbott & Morgan et al., Respondents, and Richard A. Piemonte, Defendant/Third-Party Plaintiff, et al., Defendants. Patrick J. Carr, as Executor of Elena Duke Benedict, Deceased, Third-Party Defendant-Appellant. |
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Frankel & Abrams, New York, N.Y. (Stuart E. Abrams and William J. Brady III of counsel),
for plaintiffs-respondents.
Patterson Belknap Webb & Tyler, LLP, New York, N.Y. (Philip R. Forlenza of counsel), for
defendants-respondents Whitman Breed Abbott & Morgan and the individual defendants named
in their capacities as former partners of that firm; Bleakley Platt & Schmidt, LLP, White Plains,
N.Y. (Richard F. Markert of counsel), for defendants-respondents Whitman & Ransom and the
individual defendants named in their capacities as former partners of that firm; and James S.
Morris, White Plains, N.Y., for defendant-respondent estate of George J. Noumair (one brief
filed).
In an action, inter alia, to recover damages for legal malpractice and breach of fiduciary duty, the third-party defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), dated December 22, 2008.
Ordered that the appeal is dismissed, as academic, with one bill of costs payable to the respondents appearing separately and filing separate briefs, in light of our determination in Benedict v Whitman Breed Abbott & Morgan (77 AD3d 870 [2010] [decided herewith]). Skelos, J.P., Angiolillo, Balkin and Lott, JJ., concur.