13 Cited authorities

  1. Sage Realty Corp. v. Proskauer Rose

    251 A.D.2d 35 (N.Y. App. Div. 1998)   Cited 277 times
    Holding that the preclusive effect does not apply after a decision is reversed
  2. Zarin v. Reid Priest

    184 A.D.2d 385 (N.Y. App. Div. 1992)   Cited 131 times
    Holding that the plaintiff must prove that but for the legal malpractice in the underlying representation the unfavorable outcome would have been a favorable outcome
  3. Bua v. Purcell & Ingrao, P.C.

    99 A.D.3d 843 (N.Y. App. Div. 2012)   Cited 72 times
    Barring lost profits claim where "plaintiff's contention that the alleged malpractice resulted in legally cognizable damages [was] conclusory and speculative inasmuch as it [was] premised on decisions that were within the sole discretion of the buyer"
  4. Mecca v. Shang

    258 A.D.2d 569 (N.Y. App. Div. 1999)   Cited 94 times
    Concluding the "court should have also dismissed Dr. Mecca's negligent misrepresentation and gross negligence causes of action, since these claims similarly arise from the same facts as his legal malpractice claim and are duplicative of that cause of action"
  5. Weiss v. Manfredi

    639 N.E.2d 1122 (N.Y. 1994)   Cited 107 times
    Reversing lower court's dismissal of complaint on the basis of collateral estoppel: "as neither the adequacy of the settlement nor plaintiff's role in prosecuting the action was in issue in the first action, the findings that the previous court was "satisfied with the amount of the settlement' and that "[p]laintiff, herself, created the situation which caused the misunderstanding in relation to her ability to settle the action for her children' are not entitled to preclusive effect."
  6. Ehlinger v. Ruberti

    304 A.D.2d 925 (N.Y. App. Div. 2003)   Cited 32 times

    92033 April 10, 2003. Appeal from an order of the Supreme Court (Teresi, J.), entered September 11, 2001 in Albany County, which granted defendants' motion for summary judgment dismissing the complaint. Kriss, Kriss, Brignola Persing, Albany (Daniel P. O'Leary of counsel), for appellant. Smith, Sovik, Kendrick Sugnet, Syracuse (Kevin E. Hulslander of counsel), for respondents. Before: Mercure, J.P., Crew III, Peters, Rose and Lahtinen, JJ. MEMORANDUM AND ORDER Rose, J. In October 1994, plaintiff

  7. Brodeur v. Hayes

    18 A.D.3d 979 (N.Y. App. Div. 2005)   Cited 24 times
    Affirming Supreme Court's grant of summary judgment for defendant and dismissal of plaintiff's cause of action seeking damages for legal malpractice because plaintiff had not yet paid underlying judgment, plaintiff had right to indemnification, foreclosure sale netted a surplus, and plaintiff provided no proof of any other damages
  8. Antokol Coffin v. Myers

    30 A.D.3d 843 (N.Y. App. Div. 2006)   Cited 20 times

    97525. June 22, 2006. Appeals (1) from an order of the Supreme Court (Kramer, J.), entered April 30, 2004 in Schenectady County, which granted plaintiff's cross motion for summary judgment dismissing the counterclaim, and (2) from a judgment of said court, entered November 3, 2004 in Schenectady County, upon a verdict rendered in favor of plaintiff. Grasso, Rodriguez Grasso, Schenectady (Joseph J. Villano of counsel), for appellant. Roche, Corrigan, McCoy Bush, Albany (Scott W. Bush of counsel) and

  9. Country v. Goldman

    79 A.D.3d 1389 (N.Y. App. Div. 2010)   Cited 15 times

    No. 508950. December 16, 2010. Appeals (1) from an order of the Supreme Court (Platkin, J.), entered October 30, 2009 in Albany County, which, among other things, granted defendants' motion for summary judgment dismissing the amended complaint, and (2) from the judgment entered thereon. Linnan Fallon, L.L.P., Albany (James D. Linnan of counsel), for appellant. Smith, Sovik, Kendrick Sugnet, P.C., Syracuse (Laurence F. Sovik of counsel), for respondents. Before: Spain, J.P., Malone Jr. and Kavanagh

  10. Miszko v. Leeds Morelli

    3 A.D.3d 726 (N.Y. App. Div. 2004)   Cited 8 times

    94426. Decided and Entered: January 15, 2004. Appeal from an order of the Supreme Court (Bradley, J.), entered October 18, 2002 in Ulster County, which granted defendants' motion for partial summary judgment. Mainetti, Mainetti O'Connor, Kingston (Edward C. Bruno of counsel), for appellant. Rivkin Radler, Uniondale (Harris J. Zakarin of counsel), for respondents. Before: Mercure, J.P., Spain, Carpinello, Mugglin and Lahtinen, JJ. MEMORANDUM AND ORDER Spain, J. Plaintiff is a former State Trooper