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Wednesday, August 6, 2008

Felipe Hernandez v. Carmen Baugh

07-30-08 A-5752-06T2

Plaintiff sued defendant for legal malpractice in connection with his purchase, with his uncle, of a business. The uncle then removed plaintiff from the business; plaintiff sued his uncle and settled that litigation under a settlement agreement stating the settlement was "fair and reasonable . . . taking into account all relevant factors." The trial court dismissed plaintiff's malpractice action on the basis of Puder v. Buechel, 183 N.J. 428 (2005). We reversed, finding Puder distinguishable. Defendant's alleged malpractice was one of the relevant factors behind plaintiff's decision to settle the earlier litigation on the terms he did.