AVERY v. SIRLIN


26 A.D.3d 451 (2006)

809 N.Y.S.2d 468

DELORIS AVERY et al., Appellants, v. ALAN R. SIRLIN, Respondent.

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

February 28, 2006.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the plaintiffs' motion which was for summary judgment on the issue of liability on the legal malpractice claim. To prevail in an action to recover damages for legal malpractice, "a plaintiff must establish that (1) the defendant attorney failed to exercise that degree of care, skill, and diligence commonly possessed and exercised by a member of...

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