Bluestonelawfirm iconBluestonelawfirmSep 9, 2026 ~1 min source read

Mere Speculation Wrecks a Legal Malpractice Case

Often, a legal malpractice case hinges on what a court would have done if there were no settlement, or if a certain witness were called, or if a certain document had been offered for admission. If there had been no breach of contract in a commercial setting, what would next years' profits have been?

Mere Speculation Wrecks a Legal Malpractice Case

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Useful takeaways from this story.

Often, a legal malpractice case hinges on what a court would have done if there were no settlement, or if a certain witness were called, or if a certain document had been offered for admission.

If there had been no breach of contract in a commercial setting, what would next years' profits have been?

Example, after being struck by an auto, what will the plaintiff's future medical treatments require and how much will they cost?

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The useful part

Often, a legal malpractice case hinges on what a court would have done if there were no settlement, or if a certain witness were called, or if a certain document had been offered for admission. If there had been no breach of contract in a commercial setting, what would next years' profits have been? Example, after being struck by an auto, what will the plaintiff's future medical treatments require and how much will they cost?

How it works

  • In any event, S antostefano v Zabell 2026 NY Slip Op 05202 September 2, 2026 Appellate Division, Second Department was dismisssed for speculation.
  • The plaintiff alleged, among other things, that the defendants negligently advised the plaintiff to settle the underlying proceeding.
  • In an order dated April 27, 2022, the Supreme Court granted the defendants' motion.

Details worth keeping

Courts routinely refuse to "speculate" what would have happened if. This is not always true in other types of litigation. The defendants moved for summary judgment dismissing the complaint.

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