OLSEN v. SMITH

Index No. 100164/18. Appeal No. 12235. Case No. 2019-2637.

187 A.D.3d 675 (2020)

131 N.Y.S.3d 554

2020 NY Slip Op 06214

Ayelet Olsen, Appellant, v. David S. Smith et al., Respondents.

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

Decided October 29, 2020.


In this action for legal malpractice, plaintiff alleges that defendants' mishandling of her defense in a Family Court proceeding brought against her by nonparty John Doe resulted in her settling a separate civil action and other disputes with Doe on unfavorable terms. The court correctly determined that the complaint is devoid of allegations from which it could be inferred that any negligence by defendants in their handling of the family court proceeding was the "but for...

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