CAMPAGNOLA v. MULHOLLAND


148 A.D.2d 155 (1989)

Kathleen Campagnola et al., Respondents, v. Mulholland, Minion & Roe et al., Appellants. (And a Third-Party Action.)

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

July 10, 1989


Attorney(s) appearing for the Case

L'Abbate & Balkan (Peter L. Contini and Ronald C. Burker of counsel), for appellants.

Harry Organek for respondents.

BRACKEN, KUNZEMAN and EIBER, JJ., concur.


MANGANO, J. P.

The question to be answered on this appeal is whether, as a general rule, an award of damages for legal malpractice should be reduced by the fee which the defendant attorney would have received had he competently handled the underlying claim. In our view, this question must be answered in the negative.

On September 19, 1984, the plaintiff Kathleen Campagnola, a school crossing guard employed...

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