YANG v. PAGAN LAW FIRM (2024)

Order, Supreme Court, New York County (Sabrina Kraus, J.), entered April 29, 2022, which granted defendants’ motion for summary judgment dismissing the complaint in this legal malpractice action, unanimously affirmed, without costs.

Defendants met their prima facie burden on a motion for summary judgment by submitting the affidavit of their legal expert, who averred that defendants did not depart from the applicable standard of care in prosecuting plaintiff's medical malpractice action (see Orchard Motorcycle Distribs., Inc. v. Morrison Cohen Singer & Weinstein, LLP, 49 A.D.3d 292, 853 N.Y.S.2d 320 [1st Dept. 2008];  see e.g. Merlin Biomed Asset Mgt., LLC v. Wolf Block Schorr & Solis–Cohen LLP, 23 A.D.3d 243, 803 N.Y.S.2d 552 [1st Dept. 2005]).  Defendants established that the decisions they made in that case were reasonable and strategic courses of action (see Orchard Motorcycle, 49 A.D.3d 292, 853 N.Y.S.2d 320).

Plaintiff cannot show that, but for defendants’ negligence, she would have obtained a verdict after trial that exceeded the $1.3 million settlement amount defendants negotiated (see Gallet, Dreyer & Berkey, LLP v. Basile, 141 A.D.3d 405, 35 N.Y.S.3d 56 [1st Dept. 2016];  see also Schloss v. Steinberg, 100 A.D.3d 476, 954 N.Y.S.2d 37 [1st Dept. 2012]).