In this case, Silva v. Worby recently decided, the Appellate Division reversed a dismissal under summary judgment over the potential settlement of a case.  The lost opportunity to settle a case is not often discussed, but in this short decision the principal is crystal clear.

"The conflicting deposition testimony and affidavits submitted by the parties present a material issue of fact whether plaintiff instructed defendants to attempt to settle the case underlying this legal malpractice action for $1.25 million (see Langhorn v K. Solo Serv. Corp., 302 AD2d 307 [2003]). As the record indicates that defense counsel in the underlying case was authorized and prepared to settle that case for the requested amount, a finding that plaintiff so instructed defendants would show a settlement opportunity lost through their malpractice (see Masterson v Clark, 243 AD2d 411 [1997]).