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Lattimore v. Bergman

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 497 (N.Y. App. Div. 1996)

Summary

refusing to apply the abandonment doctrine because the plaintiffs "demonstrated that there are issues of fact as to their former attorney's negligence"

Summary of this case from Crestwood Cove Apart. v. Turner

Opinion

February 13, 1996

Appeal from the Supreme Court, Queens County (Price, J.).


Ordered that the order is affirmed, with costs.

A settlement and release in an underlying action enable a plaintiff to obviate the full damage that would otherwise have flowed from his attorney's negligence and do not preclude a subsequent action for legal malpractice where the settlement was compelled because of the mistakes of former counsel (see, Wille v. Maier, 256 N.Y. 465; Mazzei v. Pokorny, Schrenzel Pokorny, 125 A.D.2d 374; Cohen v. Lipsig, 92 A.D.2d 536; Titsworth v. Mondo, 95 Misc.2d 233). The plaintiffs at bar have demonstrated that there are issues of fact as to their former attorney's negligence, the merits of their underlying personal injury claim, and whether they freely elected to settle their personal injury action such that a trial is warranted (see, Cohen v. Lipsig, supra). Sullivan, J.P., Pizzuto, Goldstein and Florio, JJ., concur.


Summaries of

Lattimore v. Bergman

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 497 (N.Y. App. Div. 1996)

refusing to apply the abandonment doctrine because the plaintiffs "demonstrated that there are issues of fact as to their former attorney's negligence"

Summary of this case from Crestwood Cove Apart. v. Turner
Case details for

Lattimore v. Bergman

Case Details

Full title:WILLIAM LATTIMORE et al., Respondents, v. MARVIN BERGMAN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 13, 1996

Citations

224 A.D.2d 497 (N.Y. App. Div. 1996)
637 N.Y.S.2d 777

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