COHEN v. LAW OFFICES OF LEONARD & ROBERT SHAPIRO


18 A.D.3d 219 (2005)

793 N.Y.S.2d 764

ROBERT S. COHEN et al., Appellants, v. LAW OFFICES OF LEONARD & ROBERT SHAPIRO et al., Respondents.

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

May 3, 2005.


Plaintiffs failed to establish that but for counsel's alleged malpractice, they would have prevailed on appeal and would not have incurred damages upon remand to the federal District Court. Where legal malpractice is alleged, the "failure to establish proximate cause requires dismissal regardless of whether negligence is established" (Russo v Feder, Kaszovitz, Isaacson, Weber, Skala & Bass, 301 A.D.2d 63, 67 [2002]). Plaintiffs...

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