ZELENAYA v. ROSENGARTEN


301 A.D.2d 519 (2003)

753 N.Y.S.2d 116

TAMARA ZELENAYA, Respondent, v. SOLOMON ROSENGARTEN, Appellant.

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

Decided January 13, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

"To prevail in a legal malpractice action, the plaintiff must establish that the defendant failed to exercise that degree of care, skill, and diligence commonly possessed and exercised by an ordinary member of the legal community; that such negligence was the proximate cause of the actual damages sustained by the plaintiff; and that but for the negligence...

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