In re Nabut ( 1949 )

It is our opinion that this record does not present a proper case for such summary action against an attorney (Matter of Bailey v. Rutherford, 242 N. Y. 220, 223); and, furthermore, the judgment of a competent court, after trial of the issues between the parties, may not be thus collaterally impeached. (Trupin v. D. M. W. Contr. Co., 259 App. Div. 529, 532.) Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur. [See 276 App. Div. 783.]