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MASTERSON v. CLARK

243 A.D.2d 411 (1997)

663 N.Y.S.2d 210

Lynne Masterson, Respondent, v. Bruce G. Clark et al., Appellants

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

October 30, 1997

In this legal malpractice action arising out of the adverse outcome of plaintiff's underlying medical malpractice lawsuit, in which she was represented by defendants, the IAS Court usurped the jury's fact-finding power in setting aside the jury's determination that plaintiff would not have settled the underlying matter during the course of the trial. To establish liability in a case of loss of settlement opportunity, a plaintiff...

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