23 REALTY ASSOCS. v. ZACK


255 A.D.2d 111 (1998)

679 N.Y.S.2d 144

23 Realty Associates, Respondent-Appellant, v. Leonard Zack, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 5, 1998


In order to prevail on a cause of action for legal malpractice based on an attorney's failure to submit an affidavit with personal knowledge in opposition to a motion for summary judgment, a plaintiff must "demonstrate that defendants failed to exercise the degree of care, skill and diligence commonly possessed by a member of the legal profession, that defendants' negligence was the proximate cause of the loss sustained, that the plaintiff incurred damages as a direct result...

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