From Casetext: Smarter Legal Research

Popescu v. McCarthy

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 2000
271 A.D.2d 204 (N.Y. App. Div. 2000)

Opinion

April 4, 2000.

Order, Supreme Court, Bronx County (Howard Silver, J.), entered April 27, 1999, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Patrick J. Crowe, for Plaintiffs-Appellants.

Arthur J. Liederman, for Defendants-Respondents.

SULLIVAN, P.J., NARDELLI, TOM, MAZZARELLI, WALLACH, JJ.


In this legal malpractice action plaintiffs claim that defendants, while representing them in an action to recover for personal injuries, were negligent in preparing their case and that the alleged negligence resulted in an inadequate settlement. We, however, perceive no ground for plaintiffs' contention that defendants were negligent, much less that but for defendants' negligence plaintiffs' recovery in the personal injury action would have been greater (see, Tinter v. Rapaport, 253 A.D.2d 588, 590). It is plain from the record that the settlement of $2,950,000 negotiated by defendants at the beginning stages of the trial of the personal injury action was fair in light of the contested liability issues and that the settlement was knowingly and voluntarily entered into by plaintiffs. We have considered plaintiffs' remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Popescu v. McCarthy

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 2000
271 A.D.2d 204 (N.Y. App. Div. 2000)
Case details for

Popescu v. McCarthy

Case Details

Full title:Doru Popescu, et al., Plaintiffs-Appellants, v. James P. McCarthy, et al.…

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

Date published: Apr 4, 2000

Citations

271 A.D.2d 204 (N.Y. App. Div. 2000)
706 N.Y.S.2d 98

Citing Cases

Pascarella v. Goldberg, Cohn Richter

39, which is very close to the $400,000 settlement. It is, therefore, evident that the settlement negotiated…

Jaffe & Asher LLP v. Ross

The first counterclaim and that portion of the fourth counterclaim for legal malpractice based on an alleged…