Alizio v. Feldman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for legal malpractice, a plaintiff must demonstrate that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession and that the attorney’s breach of this duty proximately caused the plaintiff to sustain actual and ascertainable damages (see Rudolf v Shayne, Lacks, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). “To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action or would not have incurred any damages, but for the lawyer’s…
2Cases cited10 opinions
- Rudolf v. Shayne, Dachs, Stanisci, Corker & SauerNew York Court of Appeals · 2007
- Apple Records, Inc. v. Capitol Records, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Town of Wallkill v. RosensteinAppellate Division of the Supreme Court of the State of New York · 2007
- BGW Development Corp. v. Mount Kisco Lodge No. 1552Appellate Division of the Supreme Court of the State of New York · 1998
- Mennerich v. EspositoAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by37 opinions
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- Quantum Corporate Funding, Ltd. v. EllisAppellate Division of the Supreme Court of the State of New York · 2015
- Verdi v. Jacoby & Meyers, LLPAppellate Division of the Supreme Court of the State of New York · 2012
- Bruno v. Trus Joist a Weyerhaeuser BusinessAppellate Division of the Supreme Court of the State of New York · 2011
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