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LINDENMAN v. KREITZER

7 A.D.3d 30 (2004)

775 N.Y.S.2d 4

BRUCE LINDENMAN ET AL., Appellants v. DAVID M. KREITZER, Individually, Doing Business as, and/or as Partner in KREITZER & VOGELMAN, ET AL., Respondents, ET AL., Defendant.

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

April 6, 2004.

Attorney(s) appearing for the Case

Jacob D. Fuchsberg Law Firm, LLP (Leslie D. Kelmachter and Alan L. Fuchsberg of counsel), for appellants.

James E. Musurca for David M. Kreitzer and another, respondents.

Daniel W. Pariser, respondent pro se, and for Pariser & Vogelman, P.C., respondent.

TOM, J.P., SAXE, WILLIAMS and MARLOW, JJ., concur.

OPINION OF THE COURT

ELLERIN, J.

This appeal provides us with the opportunity to examine the essential elements in an action for legal malpractice and, more specifically, whether the plaintiff bears a burden of proving the extent to which any judgment awarded in the underlying action could have been collected against the initial wrongdoer. For the reasons that follow, we conclude that the ultimate collectibility of any judgment that could have been obtained...

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