Legal Opinion
Larson v. Crucet
Appellate Division of the Supreme Court of the State of New York
Decided November 20, 1984PublishedCited by 8 opinions
1Opinion of the Court
Order of the Supreme Court, New York County (Alvin Klein, J.), entered on December 27, 1983, which denied plaintiff’s motion to strike defendants’ ninth affirmative defense, is affirmed, with costs and disbursements.
The law is well established that in order to succeed in a legal malpractice suit, the plaintiff must demonstrate that he or she would have recovered in the underlying action but for the *652negligence of the attorney. (Parker Chapin Flattan & Klimpl v Daelen Corp., 59 AD2d 375; Schmitt v McMillan, 175 App Div 799.) In that regard, proof of the collectability of the judgment is part of…
2Cases cited3 opinions
- Parker Chapin Flattau & Klimpl v. Daelen Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- Schmitt v. McMillanAppellate Division of the Supreme Court of the State of New York · 1916
- Reynolds v. PiccianoAppellate Division of the Supreme Court of the State of New York · 1968
3Cited by8 opinions
- Kituskie v. CorbmanSupreme Court of Pennsylvania · 1998
- Pacesetter Communications Corp. v. Solin & Breindel, P. C.Appellate Division of the Supreme Court of the State of New York · 1989
- Lindenman v. KreitzerAppellate Division of the Supreme Court of the State of New York · 2004
- McKenna v. Forsyth & ForsythAppellate Division of the Supreme Court of the State of New York · 2001
- Geraci v. Bauman, Greene & Kunkis, P. C.Appellate Division of the Supreme Court of the State of New York · 1991
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