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McKENNA v. FORSYTH & FORSYTH

280 A.D.2d 79 (2001)

720 N.Y.S.2d 654

KEVIN C. McKENNA et al., Appellants, v. FORSYTH & FORSYTH et al., Respondents. (Appeal No. 4.)

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

February 7, 2001.

Attorney(s) appearing for the Case

Davidson, Fink, Cook, Kelly, Rochester (Paul D. Kelly of counsel), for appellants.

Damon & Morey, L. L. P., Buffalo (Michael J. Willett of counsel), for respondents.

PIGOTT, JR., P.J., HAYES and LAWTON, JJ., concur.

OPINION OF THE COURT

GREEN, J.

To establish a prima facie case of legal malpractice, the client must show that his or her attorney failed to exercise the degree of skill commonly exercised by an ordinary member of the legal community and that the client sustained damages as a direct result of the attorney's actions (see, Marshall v Nacht, 172 A.D.2d 727, 727-728; Marquez v Ross Dev., 162...

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