New York Court of Appeals
Bernard Rudolf, Appellants v. Shayne, Dachs, Stanisci, Corker & Sauer, Respondents. (And a…
April 26, 20078 N.Y.3d 438
Summary
The court held that a legal-malpractice plaintiff may recover consequential damages for legal fees, expert-witness fees, and related expenses incurred to correct the attorney's negligent trial error. It affirmed the denial of interest on the underlying settlement because the claimed amount depended on speculation that a properly instructed jury would have awarded the same sum. The court therefore modified the lower appellate court's order to reinstate the trial court's award of $28,703.27 and otherwise affirmed.