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NAPOLITANO v. MARKOTSIS & LIEBERMAN

50 A.D.3d 657 (2008)

855 N.Y.S.2d 593

JOHN NAPOLITANO, Appellant, v. MARKOTSIS & LIEBERMAN et al., Respondents.

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

Decided April 1, 2008.

Ordered that the judgment is affirmed, with costs.

In order to prevail in an action to recover damages for legal malpractice, a plaintiff must establish that the defendant attorney failed to exercise the level of skill and knowledge commonly possessed by a member of the legal profession, and that the failure proximately caused the plaintiff to sustain actual and ascertainable damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer,

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