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SF HOLDINGS GROUP, INC. v. KRAMER LEVIN NAFTALIS & FRANKEL LLP,

56 A.D.3d 281 (2008)

866 N.Y.S.2d 674

SF HOLDINGS GROUP, INC., et al., Respondents, v. KRAMER LEVIN NAFTALIS & FRANKEL LLP, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 13, 2008.

This legal malpractice action arises out of defendant's purported negligence in failing to classify SF Holdings Group's (SFH) St. Thomas plant as working capital in the merger agreement between SFH and Solo Cup Company (Solo).

Collateral estoppel does not apply because the relevant issue in this action is whether SFH would have paid for St. Thomas "but for" Kramer Levin's negligence, which was not decided in the arbitration...

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