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McCORMACK & PHILLIPS v. KRIM

283 A.D.2d 464 (2001)

724 N.Y.S.2d 643

McCORMACK & PHILLIPS, Appellant, v. HARRIET KRIM, Respondent. (Action No. 1.) HARRIET KRIM, Respondent, v. RONALD A. PHILLIPS, Appellant. (Action No. 2.)

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

Decided May 14, 2001.

Ordered that the order is affirmed, with costs.

It is well settled that "[t]o establish a cause of action to recover damages for legal malpractice, a [client] must prove (1) that the * * * attorney failed to exercise that degree of care, skill, and diligence commonly possessed by a member of the legal community, (2) proximate cause, (3) damages, and (4) that the [client] would have been successful in the underlying action...

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