TUPPATSCH v. LoPRETO

568, 115019/09.

137 A.D.3d 608 (2016)

26 N.Y.S.3d 704

2016 NY Slip Op 02034

MERYL TUPPATSCH, Respondent, v. VIRGINIA LOPRETO, Appellant.

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

Decided March 22, 2016.


In her first cause of action, plaintiff alleges that defendant attorney was negligent in, among other things, failing to advise her of her rights in an underlying divorce proceeding, and in pressuring her to settle the action before trial. According to plaintiff, but for defendant's negligence, she would have recovered a larger equitable distribution.

Defendant moved to dismiss plaintiff's malpractice claim, based on the express terms of the settlement agreement,...

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