Katebi v. Fink

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered March 22, 2007, which granted defendants’ motion to dismiss the complaint for failure to state a cause of action for legal malpractice, unanimously affirmed, without costs.

*425While “[a] claim for legal malpractice is viable, despite settlement of the underlying action, if it is alleged that settlement of the action was effectively compelled by the mistakes of counsel” (Bernstein v Oppenheim & Co., 160 AD2d 428, 430 [1990]), here, the complaint is contradicted by the evidentiary material submitted on the motion to dismiss (see…