IOCOVELLO v. WEINGRAD WEINGRAD

Plaintiffs have failed to demonstrate a meritorious cause of action for legal malpractice ( Tortorello v. Carlin, 286 A.D.2d 628), there being insufficient evidence that "but for" defendants' alleged negligence in not submitting certain attendance records at the trial of the underlying action, plaintiffs would have achieved a more favorable result ( Wexler v. Shea Gould, 211 A.D.2d 450). The record establishes that defendants submitted in evidence relevant information about Joseph Iocovello's absence from work, gathered from sources other than attendance records. Moreover, defendants offer a reasonable strategy as to why they did not submit the actual attendance records at trial. Attorneys are free to select among reasonable courses of action in prosecuting clients' cases without thereby exposing themselves to liability for malpractice ( Dweck Law Firm v. Mann, 283 A.D.2d 292, 293).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.