KOTZIAN v. McCARTHY


36 A.D.3d 863 (2007)

827 N.Y.S.2d 875

ANN KOTZIAN, Appellant, v. DANIEL McCARTHY et al., Respondents, et al., Defendants.

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

Decided January 30, 2007.


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

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

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