A commentary on Collectability in Legal Malpractice

The departments in New York are split on this issue.  1st Department:  burden in on defendant and it is an affirmative defense.  2nd Dept and 3d Dept:  Burden in on Plaintiff.  Collectability is the issue of how much could be collected on a hypothetical judgment which would have been obtained.  Here is Day on Torts on the issue.
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