TORTURA v. McGRATH & CANNAVO


21 A.D.3d 1082 (2005)

803 N.Y.S.2d 571

JOSEPH TORTURA, Appellant, v. SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C., Respondents.

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

September 26, 2005.


Ordered that the order is affirmed, with costs.

The defendant represented the plaintiff in a medical malpractice action which ended in a settlement during the trial. Subsequently, the plaintiff commenced this action against the defendant, alleging legal malpractice and breach of contract.

"To establish a cause of action to recover damages for legal malpractice, a plaintiff must prove (1) that the defendant attorney failed to exercise that degree of care, skill...

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