In Englert v Schaffer   2012 NY Slip Op 04602   Decided on June 8, 2012   Appellate Division, Fourth Department  the claim was that defendants knew of a settlement offer and failed to tell plaintiff.  Is that malpractice? 
 

"We reject defendants’ contention that summary judgment in their favor is required on the ground that plaintiffs could not establish that they would have accepted a settlement offer made in the underlying personal injury case if Schaffer had notified them of that offer. When the alleged negligence of defendant involves a failure to communicate a settlement offer, the plaintiff must "demonstrate that, but for the [defendant’s] alleged negligence, [plaintiff] would have accepted the offer of settlement and would not have sustained any damages" (Magnacoustics, Inc. v Ostrolenk, Faber, Gerb & Soffen, 303 AD2d 561, 562, lv denied 100 NY2d 511). Even assuming, arguendo, that defendants met their initial burden, we conclude that plaintiffs raised a triable issue of fact whether they would have accepted the settlement offer if Schaffer had promptly communicated it to them (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324).
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