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WRAY v. MALLILO & GROSSMAN

54 A.D.3d 328 (2008)

TERRANCE WRAY, Appellant, v. MALLILO & GROSSMAN, Respondent.

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

August 5, 2008.

To prevail in an action to recover damages for legal malpractice, a plaintiff must establish that the defendant did not "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 damages" (Carrasco v Pena & Kahn, 48 A.D.3d 395

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