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GUINNESS MAHON CAYMAN TR. v. WINDELS, MARX, ET AL.

No. 86 Civ. 2414 (GLG).

684 F.Supp. 375 (1988)

GUINNESS MAHON CAYMAN TRUST, LTD., as Trustee of the Lynbrett Trust, Plaintiff, v. WINDELS, MARX, DAVIES & IVES, a partnership, and Mitchell A. Gilbert, Defendants/Third-Party Plaintiffs, v. E. Miles PRENTICE, III and Shanley & Fisher, a partnership, Third-Party Defendants.

United States District Court, S.D. New York.

April 20, 1988.

Attorney(s) appearing for the Case

Smith, Steibel, Alexander & Saskor, P.C., New York City by Ludwig A. Saskor, of counsel, Beus, Gilbert, Wake & Morrill, Phoenix, Ariz., by Alfred W. Ricciardi, Phillip D. Ferris, of counsel, for plaintiff.

Windels, Marx, Davies & Ives, New York City by Raymond T. Munsell, Arthur E. Hoffmann, Jr., of counsel, for defendants/third-party plaintiffs.

Brown & Wood, New York City by Roger J. Hawke, of counsel, for third-party defendant E. Miles Prentice, III.

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City by John W. Manning, of counsel, for third-party defendant Shanley & Fisher.

GOETTEL, District Judge:

This is a rather unusual action in which a borrower sues a bank's law firm for, inter alia, legal malpractice. The Allied Irish Bank ("the Bank") moves to intervene as a defendant and counterclaimant in the action. The defendant attorneys (Windels, Marx, Davis & Ives and one of its partners, Mitchell A. Gilbert) move for summary judgment on grounds that they owed no obligations to the borrower. The plaintiff moves to serve a second...

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