Legal Opinion

Martin v. Pasternack, Popish & Reiff

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1999PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Milano, J.), dated February 27, 1998, which denied its motion for summary judgment dismissing the complaint.

*527Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

In order to hold a defendant liable in a legal malpractice action, the plaintiff must show that she would have prevailed in the underlying matter if the defendant had exercised reasonable care (see, Raphael v Clune, White & Nelson, 201 AD2d 549,…

2Cases cited6 opinions

  1. Simmons v. Metropolitan Life InsuranceNew York Court of Appeals · 1994
  2. Grillo v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
  3. Fuks v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  4. Kay v. Flying Goose, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Flinn v. AabAppellate Division of the Supreme Court of the State of New York · 1990

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Patane v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  2. McGowan v. Frankie, Smirti & GentileAppellate Division of the Supreme Court of the State of New York · 2001

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