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LATTIMORE v. BERGMAN

224 A.D.2d 497 (1996)

637 N.Y.S.2d 777

William Lattimore et al., Respondents, v. Marvin Bergman, Appellant

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

February 13, 1996

Ordered that the order is affirmed, with costs.

A settlement and release in an underlying action enable a plaintiff to obviate the full damage that would otherwise have flowed from his attorney's negligence and do not preclude a subsequent action for legal malpractice where the settlement was compelled because of the mistakes of former counsel (see, Wille v Maier, 256 N.Y. 465; Mazzei v Pokorny, Schrenzel & Pokorny, 125 A...

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