Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05202
Santostefano v Zabell
Read the official decision: 2026 NY Slip Op 05202
Holding The Appellate Division affirmed the dismissal of the legal malpractice complaint because the plaintiff failed to demonstrate actual and ascertainable damages resulting from the attorneys’ alleged negligence. The court further held that the plaintiff failed to raise a triable issue of fact regarding the claim of violation of Judiciary Law § 487.
The court’s words
Mere speculation about a loss resulting from an attorney's alleged omission is insufficient to sustain a prima facie case of legal malpractice
2026 NY Slip Op 05202, at the official text
the plaintiff's claims that he could have obtained a more favorable outcome at a hearing had he declined to enter into the settlement are conclusory and speculative
2026 NY Slip Op 05202, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05202 |
| Area of law | Attorney Discipline and Professional Responsibility |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05202 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 406 |
Recommended citation
ESQ HQ, New York Law Watch, Santostefano v Zabell, 2026 NY Slip Op 05202 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05202/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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