78 A.D.2d 745 | N.Y. App. Div. | 1980
Appeal from an order of the Supreme Court at Special Term, entered August 9, 1979 in Ulster County, which denied defendant Zand’s motion for summary judgment as to plaintiffs’ fifth cause of action, with leave to renew; granted defendant Zand’s motion for summary judgment as to plaintiffs’ ninth cause of action, with leave to plaintiffs to serve a second amended complaint; and denied defendant Zand’s motion for summary judgment as to plaintiffs’ tenth cause of action. Plaintiffs’ amended complaint sets forth numerous causes of action against various parties to recover losses they allegedly sustained in a business transaction. Briefly stated, it is maintained that they were fraudulently induced to post a certificate of deposit as collateral security for a corporate loan and that, following a default, they were wrongfully impeded in their efforts to obtain reimbursement from individual guarantors. This appeal is solely concerned with the causes of action directed at the defendant J. Philip Zand, an attorney who represented some of the remaining defendants. The ninth cause of action sounds in fraud; the tenth asserts a form of legal malpractice; and the fifth seeks to set aside a conveyance of real property to him by another defendant. Zand moved for summary judgment dismissing all three claims and now appeals from the order of Special Term, which granted his application with respect to the ninth cause of action while allowing plaintiffs to serve a second amended complaint, but