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SOMMA v. DANSKER & ASPROMONTE ASSOCIATES

44 A.D.3d 376 (2007)

843 N.Y.S.2d 577

ANIELLO SOMMA, Appellant, v. DANSKER & ASPROMONTE ASSOCIATES et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 9, 2007.

Plaintiff claims that defendants' alleged mistakes effectively compelled him to settle the underlying action for less than his actual damages. Settlement of an underlying action will not bar a claim for legal malpractice, but defendants no longer represented plaintiff at the time he agreed to settle (see Bernstein v Oppenheim & Co., 160 A.D.2d 428, 431 [1990]). Moreover, plaintiff's successor counsel had sufficient time and opportunity...

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