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MORAN v. McCARTHY, SAFRATH & CARBONE, P.C.

31 A.D.3d 725 (2006)

819 N.Y.S.2d 538

JAMES MORAN, Appellant, v. McCARTHY, SAFRATH & CARBONE, P.C., et al., Respondents. JOSEPH GIOVANNI et al., Nonparty Respondents.

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

July 25, 2006.

Ordered that the orders are affirmed, with one bill of costs to the defendants.

"In order to establish a cause of action to recover damages for legal malpractice, a plaintiff must prove that (1) the attorney failed to exercise the care, skill, and diligence commonly possessed by a member of the legal profession, (2) the attorney's conduct was a proximate cause of the loss sustained, (3) the plaintiff suffered actual damages as a direct result of the attorney's actions...

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