PISTILLI v. GANDIN


10 A.D.3d 353 (2004)

780 N.Y.S.2d 293

MARY ANN PISTILLI, Appellant, v. MICHAEL GANDIN et al., Respondents.

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

Decided August 2, 2004.


Ordered that the judgment is affirmed, with costs.

On a cause of action to recover damages for legal malpractice, a plaintiff must prove that the defendant failed to exercise the care, skill, and diligence commonly possessed and exercised by a member of the legal profession, that the defendant's negligence was a proximate cause of the loss sustained, that the plaintiff incurred actual damages as a result of the defendant's actions or inaction, and that but for the...

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