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PLATT v. BERKOWITZ

Index No. 150092/21. Appeal No. 15425. Case No. 2021-02821.

203 A.D.3d 447 (2022)

160 N.Y.S.3d 592

2022 NY Slip Op 01405

Elaine Platt, Appellant, v. Morrell Berkowitz, Esq., et al., Respondent.

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Elaine Platt, New York, appellant pro se.

Gallet Dreyer & Berkey, LLP, New York (David S. Salhanick of counsel), for Morrell Berkowitz, respondent.

Anderson Kill P.C., New York (Grant E. Brown of counsel), for Deborah Koplowitz and Deborah Koplovitz, respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Singh, Scarpulla, Higgitt, JJ.

The doctrine of collateral estoppel precludes plaintiff's Judiciary Law § 487 claim against defendant Morrell Berkowitz, Esq. (see Buechel v Bain, 97 N.Y.2d 295, 303 [2001], cert denied 535 U.S. 1096 [2002]). Plaintiff's claim is premised on alleged misrepresentations or mischaracterizations of evidence Berkowitz made to the courts while representing the Board of Directors...

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