CAIRES v. SIBEN & SIBEN


2 A.D.3d 383 (2003)

767 N.Y.S.2d 785

ROBERT CAIRES et al., Appellants, v. SIBEN & SIBEN, LLP, Respondent.

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

December 1, 2003.


Ordered that the order is affirmed, with costs.

The plaintiffs contend that the defendant, the plaintiffs' counsel in a prior lawsuit to recover damages for personal injuries, committed legal malpractice by failing to submit expert evidence in opposition to a motion for summary judgment.

To establish negligence and proximate cause in a legal malpractice case, the plaintiffs "must demonstrate that the attorney failed to exercise that degree of skill commonly...

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