There are conflicting rules in the 4 departments of New York. In legal malpractice, it is plaintiff’s obligation to demonstrate that a hypothetical judgment could be collected in a legal malpractice case in the 2d, 3d and 4th departments. In the First Department, it is an affirmitive defense for defendant to prove.

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Leviton Manufacturing is a huge manufacturer of electrical and electronic items, and regularly patents new inventions.  Here, in LEVITON MFG. CO., INC.,  -against- GREENBERG TRAURIG LLP, et al.,09 Civ. 8083  UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK,  2010 U.S. Dist. LEXIS 12884;9  ( December 6, 2010)  Magistrate Judge Katz decides whether successor attorneys may