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FITZSIMMONS v. PRYOR CASHMAN LLP

6072, 651360/10.

89 A.D.3d 555 (2011)

932 N.Y.S.2d 696

2011 NY Slip Op 8280

RICHARD T. FITZSIMMONS et al., Respondents, v. PRYOR CASHMAN LLP et al., Appellants.

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

Decided November 17, 2011.

The court applied the correct standard and properly held that the complaint states a cause of action for legal malpractice. Plaintiff put forth sufficient detail to establish the negligence of the attorneys, that the negligence was the proximate cause of the losses sustained by the benefits funds, and actual damages to those funds (see Leder v Spiegel, 9 N.Y.3d 836, 837 [2007], cert denied 552 U.S. 1257 [2008]; O'Callaghan...

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