Cannistra v. O'Connor, McGuinness, Conte, Doyle, Oleson & Collins

In Cannistra v. O'Connor, McGuinness, Conte, Doyle, Oleson & Collins (286 AD2d 314), a jury awarded $ 900,000 after finding that plaintiffs' attorney committed malpractice by failing to inform his clients of a deadline in which to accept a settlement offer of $ 1,200,000 made in the underlying personal injury action. The deadline passed and the action was subsequently dismissed against the defendant. In reversing as a matter of law, the Court observed that in connection with the malpractice action "plaintiffs failed to demonstrate that, but for the plaintiffs' attorney's alleged negligence, they would have accepted the defendant's settlement offer and not have sustained any damages" (Cannistra v. O'Connor, McGuinness, Conte, Doyle, Oleson & Collins, supra at 316).