Where plaintiff sought to present her legal-malpractice action through expert testimony, the Appellate Division erred in reversing the judgment because of her failure to try the action as a "suit within a suit," in which a plaintiff presents the evidence that would have been submitted at a trial had no malpractice occurred; Lieberman recognized that a legal-malpractice case may proceed in any number of ways depending on the issues, and there is no presumption in favor of a "suit within a suit."
April 19, 2004 at 12:00 AM
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