The initial installment of this column examined the history of recovery for loss of chance in New York. Four years ago, we reviewed the manner in which recovery for loss of chance has been applied in cases involving delays in diagnosing cancer. We now review such recovery in cases that do not involve delays in diagnosing cancer.
Before turning to the substance of those cases, it is helpful to set forth the legal principles applicable to recovery for a loss of chance. The Fourth Department’s decision in Clune v. Moore, 142 A.D.3d 1330 (4th Dept. 2016), provides a concise and comprehensive articulation of those principles, stating:
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