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RUSSO v. FEDER, KASZOVITZ

301 A.D.2d 63 (2002)

750 N.Y.S.2d 277

JOHN RUSSO, Appellant, v. FEDER, KASZOVITZ, ISAACSON, WEBER, SKALA & BASS, LLP, et al., Respondents.

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

November 21, 2002.

Attorney(s) appearing for the Case

Brian Schochet of counsel (Toberoff, Tessler & Schochet, LLP, attorneys), for appellant.

Anne Patrice Richter of counsel (McManus, Collura & Richter, P.C., attorneys), for respondents.

NARDELLI, J.P., ROSENBERGER, WALLACH and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

TOM, J.

The issue raised in this appeal is whether plaintiff's legal malpractice claim against former counsel rests on bare speculation regarding what other counsel might have achieved and ignores the deficiency in the underlying personal injury action, so as to warrant dismissal of the malpractice claim.

The legal malpractice action derives from counsel's representation of plaintiff in an underlying personal injury action. Plaintiff...

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