Hahn v. Wylie
| Decision Date | 07 October 1976 |
| Citation | 387 N.Y.S.2d 855,54 A.D.2d 629 |
| Parties | Jules HAHN, Plaintiff-Respondent, v. Allen C. WYLIE et al., Defendants-Appellants, and Myong D. Lee et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
R. T. Sickmen, Freeport, for plaintiff-respondent.
S. I. Radin, New York City, for defendants-appellants.
Before MURPHY, J.P., and LUPIANO, BIRNS, SILVERMAN and NUNEZ, JJ.
Order, Supreme Court, New York County, entered May 27, 1976, denying defendants' motion to dismiss the complaint for the reason that it fails to state a cause of action pursuant to CPLR 3211, unanimously modified, on the law and in the exercise of discretion, to the extent of granting the motion as to defendant Saul I. Radin and dismissing the complaint against him with leave to plaintiff to apply to Special Term within twenty days after the date of this order for leave to replead and, as so midified, affirmed without costs and disbursements.
The complaint, insofar as defendants other than defendant Saul I. Radin are concerned, does state valid causes of action. Defendants contend that the first cause of action for declaratory relief must be interpreted as solely sounding in tort, namely, a conspiracy to breach a contract, and as such is fatally defective for failing to allege wrongful acts. This contention is without merit. CPLR 3017(b) provides that '(i)n an action for a declaratory judgment, the demand for relief in the complaint shall specify the rights and other legal relations on which a declaration is requested and state whether further or consequential relief is or could be claimed and the nature and extent of any such relief which is claimed.' The complaint clearly comports with this requirement.
Nevertheless, the pleading is insufficient in stating a cause of action against defendant Saul I. Radin, an attorney. It is recognized that ...
To continue reading
Request your trial
-
Entertainment Partners Group, Inc. v. Davis
...found civilly liable for acts performed in good faith and honest purpose of protecting the interests of a client (Hahn v. Wylie, 54 A.D.2d 629, 387 N.Y.S.2d 855 [1st Dept.1976]. As to the entire action, absent an actionable tort, it impermissibly assailed an exercise of the defendants' cons......
-
Art Capital Group Llc v. Neuhaus
...for their acts when performed in good faith and for the honest purpose of protecting the interests of their clients ( Hahn v. Wylie, 54 A.D.2d 629, 387 N.Y.S.2d 855 [1976] ). As to defendant's specific conduct, plaintiffs allege that she gave Krecke and Rose indispensable legal advice and c......
-
Goldner v. Sullivan, Gough, Skipworth, Summers and Smith
...authorities that attorneys should be free to advise their clients without fear of liability to third parties (see Hahn v. Wylie, 54 A.D.2d 629, 387 N.Y.S.2d 855; D. & C. Textile Corp. v. Rudin, 41 Misc.2d 916, 246 N.Y.S.2d 813; see, generally, Restatement, Torts 2d, § The fourth cause of ac......
-
State v. Carvel Corp.
...or tortious act, liability has been upheld. Gifford v. Harley, 62 A.D.2d 5, 404 N.Y.S.2d 405 (3rd Dept. 1978), Hahn v. Wylie, 54 A.D.2d 629, 387 N.Y.S.2d 855 (1st Dept. 1976); Sullivan v. State Division of Human Rights, 73 A.D.2d 946, 424 N.Y.S.2d 25 (2nd Dept. 1980); Also, in situations wh......