United States Second Circuit

In a legal malpractice claim against a lawyer who failed to perfect on time a meritorious appeal challenging personal jurisdiction, the district court should have ascertained what damages, if any, the plaintiff in the underlying action would have obtained had he pursued his claim in Texas, if a New York action were dismissed.

Appellate Information

• Decided 12/24/2002
• Published 12/24/2002

Judges

• JACOBS, Circuit Judge., Before FEINBERG, JACOBS, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Cheryl F. Korman,Rivkin Radler LLP, Uniondale, New York (Evan H. Krinick, Merril S. Biscone, Daniel Hughes, Harris J. Zakarin, of counsel), for Defendants-Appellants., Richard G. Menaker, Menaker & Herrmann LLP, New York, New York (Mark G. Duncan, of counsel), for Plaintiff-Appellee.