Legal Opinion
Waggoner v. Caruso
New York Court of Appeals
Decided May 11, 2010No. 145 SSM 17PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question not answered upon the ground that it is unnecessary.
The Appellate Division properly held that plaintiffs J. Virgil Waggoner and J.VW. Investment Ltd. of Dominica did not state a claim for legal malpractice insofar as they failed to allege that, but for defendants’ alleged malpractice, they would have successfully recovered the $10 million investment in an underlying proceeding (see Davis v Klein, 88 NY2d 1008, 1009-1010 [1996]). The court also properly dismissed…
2Cases cited1 opinion
- Davis v. KleinNew York Court of Appeals · 1996
3Cited by18 opinions
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- Alphas v. SmithAppellate Division of the Supreme Court of the State of New York · 2017
- Cusack v. Greenberg Traurig, LLPAppellate Division of the Supreme Court of the State of New York · 2013
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