Bluestonelawfirm iconBluestonelawfirmSep 25, 2026 ~1 min source read

Speculation and Legal Malpractice

Legal malpractice is always the comparison of the actual outcome of litigation and the hypothetical better outcome had the attorneys acted differently. Often courts hold that the proofs of the hypothetical better outcome are merely speculation on future events.

Speculation and Legal Malpractice
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Legal malpractice is always the comparison of the actual outcome of litigation and the hypothetical better outcome had the attorneys acted differently.

Often courts hold that the proofs of the hypothetical better outcome are merely speculation on future events.

Kolyer v Sallah 2026 NY Slip Op 04287 [251 AD3d 670] July 8, 2026 Appellate Division, Second Department is one such case.

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Legal malpractice is always the comparison of the actual outcome of litigation and the hypothetical better outcome had the attorneys acted differently. Often courts hold that the proofs of the hypothetical better outcome are merely speculation on future events. Kolyer v Sallah 2026 NY Slip Op 04287 [251 AD3d 670] July 8, 2026 Appellate Division, Second Department is one such case.

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  • "The plaintiff commenced this action to recover damages for legal malpractice arising out of the defendants' legal representation of her in a post-divorce matrimonial proceeding.
  • The defendants moved pursuant to CPLR 3211 (a) to dismiss the complaint on the ground, inter alia, of failure to state a cause of action.
  • In an order dated September 20, 2024, the Supreme Court granted the defendants' motion.

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