An appeals court has ruled that two consecutive suits by a criminal defendant against his defense attorneys in the same case do not constitute a violation of the entire controversy doctrine.
Hackensack attorney Brian Neary sought dismissal of a suit by Ronald O’Malley, a former Bergen County Improvement Authority chairman who was indicted on wire fraud charges in 2009, based on the result of O’Malley’s earlier suit against the firm of Walder, Hayden & Brogan. Both Neary and Walder Hayden’s Justin Walder represented O’Malley in a 68-count criminal indictment in 2011. Neary, who was deposed in connection with the Walder Hayden suit, argued that O’Malley’s failure to put him on notice of a pending or contemplated action was a violation of R. 4:5-1(b)(2).
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