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FUSCO v. FAUCI

299 A.D.2d 263 (2002)

749 N.Y.S.2d 715

JAMES FUSCO, Appellant, v. MARIA T. FAUCI et al., Respondents.

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

Decided November 21, 2002.

Settlement of an action will not preclude an award of damages for legal malpractice where the plaintiff is able to demonstrate that the settlement was caused by the malpractice (see Cohen v Lipsig, 92 A.D.2d 536) and resulting damages (see McKenna v Forsyth & Forsyth, 280 A.D.2d 79, 80, lv denied 96 N.Y.2d 720), namely, that the value of the underlying claim was in excess of the...

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