In a case with complex legal issues, are attorneys given an extended range in which to make "decisions" rather than "departures"?  It seems so.  What might be a "mistake" in another setting is a "judgment call" here.

M & R Ginsburg, LLC v Segel, Goldman, Mazzotta & Siegel, P.C.  2014 NY Slip Op 07227  Decided on October 23, 2014  Appellate Division, Third Department holds that a judgment call by third-party attorneys is not subject to legal malpractice.

"Third-party defendants moved to dismiss the third-party complaint, which was treated by the parties and Supreme Court as a motion for summary judgment (see Gregware v Key Bank of N.Y., 218 AD2d 859, 861 [1995], lv denied 87 NY2d 803 [1995])[FN1]. Supreme Court granted third-party defendants’ motion and defendants appeal.

We affirm. Third-party defendants established with regard to the complex legal issue facing plaintiff that the legal course they recommended — after consulting with plaintiff and defendants — was "one among several reasonable courses of action [and did] not constitute malpractice" (Rosner v Paley, 65 NY2d 736, 738 [1985]; see Bixby v Somerville, 62 AD3d 1137, 1139 [2009]). Although defendants speculate that a different strategy might have ultimately led to a more beneficial result for plaintiff, such speculation as to other possible legal avenues is insufficient to implicate malpractice (see Rosner v Paley, 65 NY2d at 738). Defendants’ allegations and proof regarding third-party defendants’ representation of plaintiff did not raise a triable issue when measured by the applicable standard in a legal malpractice action (see Russo v Feder, Kaszovitz, Isaacson, Weber, Skala & Bass, LLP, 301 AD2d 63, 69 [2002]; Bassim v Halliday, 234 AD2d 628, 630 [1996], appeal dismissed 89 NY2d 1001 [1997]; Bernstein v Oppenheim & Co., 160 AD2d 428, 430 [1990])."