Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the defendant's motion to dismiss the complaint. In contesting the defendant's fee in a related proceeding in the Surrogate's Court, the plaintiff, inter alia, asserted a counterclaim sounding in legal malpractice. By virtue of the Surrogate's decree fixing the value of the defendant's services, the court necessarily concluded that there was no malpractice (see, Koppelman...
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