KINBERG v. GARR

Plaintiff's adverse determination in defendants' prior action to recover fees for the rendering of professional services precludes a finding of malpractice with regard to the same services ( see Ahearn v. Arvan, 2 AD3d 469; Chisholm-Ryder Co. v. Sommer Sommer, 78 AD2d 143), as such determination "implicitly finds that there was no malpractice" ( Koppelman v. Liddle, O'Connor, Finkelstein Robinson, 246 AD2d 365, 366).

We have considered plaintiff's remaining arguments and find them without merit.