Braunstein v. Glachman

• Decision Date: 29 January 1990
• Citation: 157 A.D.2d 815,551 N.Y.S.2d 801
• Parties: Aaron BRAUNSTEIN, et al., Appellants, v. Richard L. GLACHMAN, Defendant, Donald Glachman, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 801

551 N.Y.S.2d 801

157 A.D.2d 815

Aaron BRAUNSTEIN, et al., Appellants, v. Richard L. GLACHMAN, Defendant, Donald Glachman, et al., Respondents.

Supreme Court of New York, Appellate Division,

Second Department.

January 29, 1990

Dollinger, Gonski, Grossman, Permut & Hirschhorn, Carle Place (Matthew Dollinger, of counsel), for appellants. Mulholland, Minion & Roe, Williston Park (John F. Mulholland, of counsel), for respondent Rick S. Felberbaum. Milton Jonas, Garden City (Ronald J. Rosenberg and Judith E. Held, of counsel), for respondent Donald Glachman.

In an action to recover damages for legal malpractice, the plaintiffs appeal from (1) so much of an order of the Supreme Court, Nassau County (Collins, J.), entered December 14, 1988, as, in effect, denied that branch of their motion which was to dismiss the affirmative defense by the defendant Donald Glachman of lack of personal jurisdiction, and granted the cross motion of the defendant Donald Glachman to dismiss the complaint insofar it is asserted against him, and (2) an order of the same court, entered January 9, 1989, which granted the motion of the defendant Rick S. Felberbaum to dismiss the complaint insofar as it is asserted against him for failure to enter a default judgment within one year of his alleged default in answering. ORDERED that the order entered December 14, 1988, is reversed insofar as appealed from, the cross motion is denied, and the matter is remitted to the Supreme Court, Nassau County, for a hearing on whether personal jurisdiction was properly obtained over Donald Glachman; and it is further, ORDERED that the order entered January 9, 1989, is reversed, the motion of Rick S. Felberbaum is denied, and the complaint is reinstated insofar as it is asserted against Rick S. Felberbaum; and it is further, ORDERED that the plaintiffs are awarded one bill of costs. This action arose out of the alleged negligence of the defendants in representing the plaintiffs' interests in the sale of certain real property located in Kings Point, New York. The Supreme Court improperly dismissed the complaint insofar as it is asserted against the defendant Donald Glachman. The reasonable inferences that can be drawn from the complaint and the response to Donald Glachman's interrogatories, rendered the complaint sufficiently "particular" to enable Donald Glachman to determine the plaintiffs' cause of action against him (see, CPLR 3013; Nader v. General Motors Corp., 25 N.Y.2d 560, 565, 307 N.Y.S.2d 647, 255 N.E.2d 765; Moore v. Johnson, 147 A.D.2d 621, 621, 538 N.Y.S.2d 28; ...