Legal Opinion
Marquez v. J. Ross Development
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 1990PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment dismissing plaintiffs’ legal malpractice claims based upon negligent representation and conflict of interest against defendant attorney. To establish a prima facie case of legal malpractice, a client must demonstrate that his attorney failed to exercise that degree of skill commonly exercised by an ordinary member of the legal community, and that the client incurred damages as a direct result of the attorney’s actions (see, Saveca v Reilly, 111 AD2d 493, 494; O’Brien v Spuck, 99 AD2d 910,…
2Cases cited3 opinions
- Saveca v. ReillyAppellate Division of the Supreme Court of the State of New York · 1985
- O'Brien v. SpuckAppellate Division of the Supreme Court of the State of New York · 1984
- Forbush v. ForbushAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by5 opinions
- Marshall v. NachtAppellate Division of the Supreme Court of the State of New York · 1991
- McKenna v. Forsyth & ForsythAppellate Division of the Supreme Court of the State of New York · 2001
- Oot v. ArnoAppellate Division of the Supreme Court of the State of New York · 2000
- Mosca v. NormileAppellate Division of the Supreme Court of the State of New York · 2000
- Shanley v. WelchAppellate Division of the Supreme Court of the State of New York · 2004