CARRASCO v. PENA & KAHN


48 A.D.3d 395 (2008)

853 N.Y.S.2d 84

LORENZO CARRASCO, Appellant, v. PENA & KAHN et al., Respondents, et al., Defendants.

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

Decided February 5, 2008.


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

To prevail in an action to recover damages for legal malpractice, a plaintiff must establish that the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession, and that the attorney's breach of that duty proximately caused the plaintiff to sustain actual and ascertainable...

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