Leder v. Spiegel
Cases that cite this one
98 later published cases cite this decision. The 25 that cite it most often are listed here.
- Allen v. City of New York (New York Supreme Court, New York County 2025)
- Santaro v. Finocchio (Appellate Division of the Supreme Court of New York 2023)
- Guzman-Martinez v. Rosado (Appellate Division of the Supreme Court of New York 2025)
- Mid-Hudson Valley Federal Credit Union v. Quartararo & Lois, PLLC (Appellate Division of the Supreme Court of New York 2017)
- Rodriguez v. Jacoby & Meyers, LLP (Appellate Division of the Supreme Court of New York 2015)
- Gioeli v. Vlachos (Appellate Division of the Supreme Court of New York 2011)
- Gans v. Leech Tishman Fuscaldo & Lampl, LLC (Appellate Division of the Supreme Court of New York 2026)
- Cronemeyer v. City of New York (New York Supreme Court, New York County 2025)
- Harris v. City of New York (New York Supreme Court, New York County 2025)
- Harris v. City of New York (New York Supreme Court, New York County 2025)
- Arrospide v. City of New York (New York Supreme Court, New York County 2025)
- Arrospide v. City of New York (New York Supreme Court, New York County 2025)
- Cuatetl v. City of New York (New York Supreme Court, New York County 2025)
- Aponsah v. City of New York (New York Supreme Court, New York County 2025)
- Holderness v. City of New York (New York Supreme Court, New York County 2025)
- Katz v. New York City Hous. Preserv. & Dev. (New York Supreme Court, New York County 2025)
- Catlin v. City of New York (New York Supreme Court, New York County 2025)
- 529 E. 235th St. Estates LLC v. City of New York (New York Supreme Court, New York County 2025)
- Eustache v. Board of Educ. of the City Sch. Dist. of the City of N.Y. (New York Supreme Court, New York County 2025)
- Century Prop. & Cas. Ins. Corp. v. McManus & Richter (Appellate Division of the Supreme Court of New York 2024)
- Salamone v. Deily & Glastetter, LLP (New York Supreme Court, New York County 2024)
- Thomas v. City of New York (New York Supreme Court, New York County 2024)
- Alegre v. City of New York (New York Supreme Court, New York County 2024)
- Holloway v. City of New York (New York Supreme Court, New York County 2024)
- Holloway v. City of New York (New York Supreme Court, New York County 2024)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
After unsuccessfully representing two objectants at a will contest trial in Surrogate’s Court, respondent attorney petitioned the same court for legal fees. In their answer, objectants counterclaimed for legal malpractice, arguing that, but for respondent’s negligent representation, they would have accepted a $108,000 settlement. In particular, objectants cited respondent’s failure to anticipate that Surrogate’s Court would not admit certain evidence. Respondent moved pursuant to CPLR 3211 (a) (7) for an order dismissing objectants’ counterclaim.
Surrogate’s Court dismissed objectants’ counterclaim and awarded respondent her legal fees. In a 3-2 decision, the Appellate Division affirmed. Objectant Marshall Spiegel appeals as of right, and we now affirm.
“In order to sustain a claim for legal malpractice, a plaintiff must establish both that the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession which results in actual damages to a plaintiff, and that the plaintiff would have succeeded on the merits of the underlying action ‘but for’ the attorney’s negligence” (Am-Base Corp. v Davis Polk & Wardwell, 8 NY3d 428, 434 [2007] [internal citations omitted]).
Under the circumstances of this case, objectant’s allegation regarding respondent’s failure to anticipate the court’s evidentiary rulings—even if accepted as true—does not establish negligence. Thus, objectants did not allege a prima facie case of legal malpractice and the courts below properly dismissed the counterclaim. Objectant’s remaining contentions also lack merit.
Chief Judge KLaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.