In Perks v. Lauto, 306 A.D.2d 261 (2003), where plaintiffs' counsel failed to adequately investigate the assets and insurance coverage of a driver whose vehicle was involved in an accident with the plaintiff, the Second Department found that the appellants "submitting evidence establishing that the plaintiffs discharged them and hired new counsel two months before the plaintiffs settled their claim against the driver. Under such circumstances, subsequent counsel had a sufficient opportunity to protect plaintiffs' rights, and any negligence by the appellants was not the proximate cause of the plaintiffs' alleged damages."