Articles Posted in Legal Malpractice

In its recent decision in Dombrowski v. Bulson, 19 N.Y.3d 347 (2012), the New York Court of Appeals recently reiterated the long-established New York court-made rule barring the recovery of damages for emotional distress injuries and other “non-pecuniary” (i.e., non-monetary) losses in legal malpractice cases.

DSC00026Bucking the position of the majority of states which treat legal malpractice damage claims no differently than other types of negligence claims,[1] the New York Court of Appeals in Dombrowski, in reversing the holding of the Fourth Department, held that non-pecuniary damages are not recoverable in a legal malpractice action arising from a criminal attorney’s “ineffective” defense of the plaintiff. In Dombrowski, the plaintiff’s disallowed non-pecuniary damages arose from his wrongful conviction and 5-1/2 years of incarceration resulting from his defense lawyer’s alleged legal malpractice. Continue Reading