This case took several readings to try and sort out the story. Plaintiff in this legal malpractice case, Citrin v Baratta & Goldstein ;2009 NY Slip Op 03597 ;Decided on May 5, 2009 ;Appellate Division, First Department was a defendant in the underlying action. There, "Following a five-day jury trial in a prior action alleging fraud and conspiracy against plaintiff Citrin and three codefendants, the jury reached a verdict in favor of the plaintiffs and awarded substantial compensatory and punitive damages. A motion by Citrin for judgment notwithstanding the verdict was denied by the trial judge, who noted in his memorandum decision that the verdict had been supported by the evidence and also rejected Citrin’s other claims, including conflict of interest based on the fact that the same attorney had represented her and a codefendant."
Somehow, [through a money payment in settlement?] plaintiff then obtained a stipulation turning the verdict on its head. "Citrin, through a successor counsel, then settled the matter pursuant to a stipulation, so-ordered by the trial judge, who vacated his prior order "as it pertains to any and all liability against Rita Citrin, directly and/or indirectly, in law and/or based on equitable claims, including all findings of fact supporting such liability."
Citrin then commenced the instant action against her trial attorneys for legal malpractice and breach of contract, alleging a conflict of interest in their representation of both her and a codefendant in the prior action."
So, plaintiff obtained a stipulation [sort of like an indulgence] which turned it all around, and allowed her to sue her attorneys. Motion to dismiss denied.