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RUDOLF v. SHAYNE, DACHS

8 N.Y.3d 438 (2007)

867 N.E.2d 385

835 N.Y.S.2d 534

BERNARD RUDOLF et al., Appellants, v. SHAYNE, DACHS, STANISCI, CORKER & SAUER et al., Respondents. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided April 26, 2007.

Attorney(s) appearing for the Case

Howard R. Birnbach, Great Neck, for appellants.

L'Abbate, Balkan, Colavita & Contini, L.L.P., Garden City (Matthew K. Flanagan of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

In this legal malpractice action, we conclude that plaintiff is entitled to recover from defendant law firm consequential damages consisting of legal and expert witness fees and related expenses. Under the circumstances of this case, however, we agree with the courts below that plaintiff should not receive an interest award.

In September 1999, plaintiff Bernard Rudolf...

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