Atlas Tack Corporation v. Salvatore F‪.‬

Attorney at Law, Malpractice, Canons of ethics. Partnership, What constitutes. Estoppel. Release. PORADA, J. The plaintiff sought to recover damages against the defendants, both lawyers, on the ground that they were vicariously
liable for the alleged malpractice of another attorney, Ralph Donabed, with whom they shared office space. Both defendants
filed motions to dismiss supported by affidavits in which they averred that they were not partners of Donabed and had never
held themselves out to be partners. The plaintiff filed an opposition to the defendants' motions to dismiss supported by an
affidavit. 2 Treating the motions to dismiss as motions for summary judgment, the Judge allowed the defendants' motions.