SCHORSCH v. MOSES & SINGER LLP


60 A.D.3d 557 (2009)

876 N.Y.S.2d 367

MARGARET R. SCHORSCH et al., Appellants, v. MOSES & SINGER LLP, Respondent.

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

Decided March 26, 2009.


To prevail in a legal malpractice suit, the client must prove negligence on the part of her attorneys, and that she would have prevailed on the merits but for that negligence (see e.g. Davis v Klein, 88 N.Y.2d 1008 [1996]). Defendant made a prima facie showing of entitlement to summary judgment through sworn statements and documentary evidence that the underlying defendant insurer had properly...

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