New York Court of Appeals

N. A. Kerson Company, Inc., Appellants v. Shayne, Dachs, Weiss, Kolbrenner, Levy and Moe Levine…

July 11, 197845 N.Y.2d 730

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that the plaintiffs' evidence, even when viewed most favorably, did not establish a prima facie case of legal malpractice or fraud regarding the execution of a settlement stipulation in the prior action. The court also found no record showing that the withdrawn affirmative defense would have changed the prior action's outcome.