Legal Opinion
Fusco v. Fauci
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 2002PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Louis York, J.), entered June 25, 2001, which, to the extent appealed from as limited by the brief, granted defendants’ cross motion, dismissing plaintiffs action for legal malpractice, unanimously affirmed, without costs.
Settlement of an action will not preclude an award of damages for legal malpractice where the plaintiff is able to demonstrate that the settlement was caused by the malpractice (see Cohen v Lipsig, 92 AD2d 536) and resulting damages (see McKenna v Forsyth & Forsyth, 280 AD2d 79, 80, lv denied 96 NY2d 720), namely, that the value of the…
2Cases cited3 opinions
- Titsworth v. MondoNew York Supreme Court · 1978
- McKenna v. Forsyth & ForsythAppellate Division of the Supreme Court of the State of New York · 2001
- Cohen v. LipsigAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by6 opinions
- Prout v. VladeckDistrict Court, S.D. Illinois · 2018
- Crestwood Cove Apartments Business Trust v. TurnerUtah Supreme Court · 2007
- Bellinson Law, LLC v. IannucciAppellate Division of the Supreme Court of the State of New York · 2013
- Fletcher v. Boies, Schiller & Flexner LLPAppellate Division of the Supreme Court of the State of New York · 2016
- Prout v. Anne C. Vladeck & Vladeck, Raskin & Clark, P.C.District Court, S.D. Illinois · 2018
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