The decision in Harvey v Greenberg ;2011 NY Slip Op 02546 ;Decided on March 31, 2011 ; Appellate Division, First Department is the second appellate decision in a new line of cases which turn the "effectively compelled to settle" standard on its head. Here the question is whether an allouction after settlement of a matrimonial action is subject to the "effectively compelled to settle" analysis or not. Answer: not.
"Plaintiff’s allegations in support of her legal malpractice claim were conclusory, speculative and contradicted by the documentary evidence submitted on the motion to dismiss. The trial judge in the underlying matrimonial action conducted a thorough allocution on the stipulation of settlement. Plaintiff acknowledged that she understood and agreed with the terms of the settlement and knew that it was a full and final agreement. She further stated that her attorney had answered her questions and that she was satisfied with the services he provided. Under these circumstances, the motion court properly dismissed the complaint ."