Plaintiff had retained defendant to commence a medical malpractice action, and, shortly before trial in that case, there was a settlement offer of a million dollars. It was not accepted, the case went to trial, and plaintiff won a jury verdict of $330,000. Plaintiff then commenced this action for legal malpractice, claiming, among other things, that defendant had never communicated the settlement offer, a charge which defendant denies. The Second Department dismissed the complaint, in Bauza v. Livington, which was decided on May 15, 2007, saying that plaintiff had not made the necessary showing of proximate cause, namely, that, but for the alleged negligence, the settlement offer would have been accepted. The court noted that plaintiff had testified only that she was "pretty sure" that she would have accepted the offer, and that plaintiff had consented to a court-approved order which paid counsel fees, thus establishing that the fee was appropriate and that there had been no malpractice.