Tom, J.P., Saxe, Ellerin, Lerner, Gonzalez, JJ.


Ralph H. Speken, M.D. and Stephanie Z. Speken, M.S.
           Plaintiffs-Appellants, Pro Se

 

                -against -


Thomas R. Moore, Esq.,
          Defendant -Respondent.

                                                        Harris J. Zakarin

 

          Order, Supreme Court, New York County (Walter Tolub, J.),

entered April 23, 2003, which, in an action for legal

malpractice, granted defendant’s motion to dismiss the complaint

on the grounds of, inter alia, res judicata, unanimously

affirmed, without costs.

                    The underlying action was for wrongful death based on

medical malpractice, and was settled just before trial. Two

attempts by plaintiff to vacate the settlement were denied, the

second on the ground that it was precluded by the denial of the

first (Speken v Columbia Presbyterian Med. Ctr., 278 AD2d 154;

Speken v Columbia Presbyterian Med. Ctr., 304 AD2d 489, lv denied

100 NY2d 511). The instant action, which claims that the

settlement was a product of plaintiffs’ attorney’s malpractice,

fraud and disloyalty, must be dismissed for the same reason;

indeed, this precise claim was made and necessarily rejected in

 

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