Manhattan Supreme Court Justice James d'Auguste. Courtesy photo Decision of the Day: Malpractice Claim Survives Following Law Firm's Failure to Call Some Witnesses at Trial
This ruling was selected and summarized by the New York Law Journal's decision editors.
April 07, 2023 at 05:22 PM
2 minute read
Plaintiffs brought a legal malpractice action against the now-defunct personal injury firm Napoli Bern Ripka Shkolnik, alleging they did not prevail in the underlying personal injury case as their attorneys did not properly present the case at trial.
Plaintiffs faulted their attorneys for failing to present certain available expert and non-expert evidence at trial, contending such evidence would have resulted in a verdict in their favor. The trial law firm defendants argued that dismissal was warranted because plaintiffs' allegations of malpractice were no more than "second-guessing" of their trial strategy.
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