Practice point: On record evidence that defense counsel in the underlying case was authorized and prepared to settle, a finding that plaintiff had instructed its own counsel to effect a settlement would support a claim that the settlement opportunity was lost through malpractice.
Practitioners should note that, in this malpractice action, there was a fact question because of conflicting deposition testimony and affidavits as to whether plaintiff had instructed defendants to work to settle the underlying case.
Case: Silva v. Worby, Groner, Edelman, LLP, NY Slip Op 07071 (1st Dept. 2008)
The opinion is here.
