54 N.Y.2d 1 (1981)
A defendant in a legal malpractice action may seek contribution from a subsequent attorney whose negligence allegedly contributed to the plaintiff’s damages, even in the absence of contractual privity between the attorneys.
Summary
This case addresses whether an attorney, sued for malpractice by a former client, can bring a third-party claim for contribution against a subsequent attorney who also represented the client in the same matter. The New York Court of Appeals held that such a third-party claim is valid if both attorneys owed a duty to the client and their negligence contributed to the same injury, even if their negligence was successive and independent. The key is whether each attorney’s actions contributed to the plaintiff’s ultimate damages. The court reversed the lower court’s dismissal of the third-party complaint.
Facts
Vivian Schauer hired attorney Patrick Joyce in 1975 for a divorce. Joyce obtained a default judgment for Schauer that included alimony. The husband successfully moved to vacate parts of the judgment due to a false affidavit of regularity submitted by Joyce. Schauer discharged Joyce and hired Thomas Gent in April 1977. Schauer later sued Joyce for malpractice, alleging that his negligence caused her to lose alimony. Joyce then filed a third-party action against Gent, claiming that Gent negligently failed to reinstate the vacated alimony award or promptly seek alimony payments.
Procedural History
The Special Term dismissed Joyce’s third-party complaint. The Appellate Division affirmed this dismissal. The New York Court of Appeals reversed the Appellate Division’s decision, holding that the third-party complaint stated a valid cause of action for contribution.
Issue(s)
Whether an attorney being sued for malpractice can bring a third-party claim for contribution against a subsequent attorney who represented the same client in the same matter, alleging that the subsequent attorney’s negligence contributed to the client’s damages.
Holding
Yes, because CPLR 1401 allows contribution among those who are subject to liability for damages for the same personal injury or injury to property, and the key question is whether both attorneys owed a duty to the plaintiff and contributed to the same injury.
Court’s Reasoning
The court reasoned that under CPLR 1401 and Dole v. Dow Chem. Co., the relevant question is not whether Gent owed a duty to Joyce, but whether both Gent and Joyce owed a duty to Mrs. Schauer and whether their breaches contributed to her ultimate injuries. The court emphasized that CPLR 1401 applies not only to joint tortfeasors but also to successive and independent tortfeasors. The court found that Joyce’s third-party complaint adequately alleged that Gent’s negligence could have contributed to Mrs. Schauer’s loss of alimony. The court stated that “[t]he primary injury of which Mrs. Schauer complains is the loss of alimony.” It noted that a substantial portion of the damages occurred after Gent took over the case. The court concluded that Gent could be found at least partially responsible for the loss if he negligently failed to obtain a new hearing on alimony and support or to seek reinstatement of the vacated alimony judgment. In effect, Joyce was claiming that Gent, as an independent, successive tortfeasor, contributed to or aggravated Mrs. Schauer’s injuries. This, the court held, is “clearly the type of claim encompassed by CPLR 1401.” The court clarified that Joyce’s ability to raise the defense of failure to mitigate damages did not preclude him from asserting a third-party claim for contribution. The court directly addressed the lower court’s reasoning that there was nothing to make Gent even partially liable for Schauer’s loss of alimony as “erroneous” since, according to the pleadings, the negligence of both attorneys was responsible for the same injury.