Katebi v. Fink

In Katebi v. Fink, 51 AD3d 424 [1st Dept 2008] the plaintiff/client settled the matrimonial action during trial, and the plaintiff's allocution took place on the record. The Court granted defendants' motion to dismiss the complaint for failure to state a cause of action for legal malpractice, on the following grounds: Plaintiff testified that she did not wish to proceed with the trial of the matrimonial action, that she decided instead to enter into the stipulation of settlement because she wanted no further connection with her husband, that she understood that by settling the action before the completion of the trial she was foregoing the right to pursue the funds allegedly dissipated by him, and that she was satisfied with the services provided by her attorney. (Id. at 425)