Legal Opinion
Zelenaya v. Rosengarten
Appellate Division of the Supreme Court of the State of New York
Decided January 13, 2003PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Kings County (Barasch, J.), dated March 21, 2002, which denied his motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
“To prevail in a legal malpractice action, the plaintiff must establish that the defendant failed to exercise that degree of care, skill, and diligence commonly possessed and exercised by an ordinary member of the legal community; that such negligence…
2Cases cited9 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Logalbo v. PlishkinAppellate Division of the Supreme Court of the State of New York · 1990
- Andrews Beverage Distributor, Inc. v. SternAppellate Division of the Supreme Court of the State of New York · 1995
- Moody v. F.W. Woolworth Co.Appellate Division of the Supreme Court of the State of New York · 2001
- Alatief v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by3 opinions
- Simmons v. EdelsteinAppellate Division of the Supreme Court of the State of New York · 2006
- Vogel v. American Guarantee & Liability Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2017
- Schurz v. BodianAppellate Division of the Supreme Court of the State of New York · 2012