GIOELI v. VLACHOS

2011-02934.

89 A.D.3d 984 (2011)

933 N.Y.S.2d 352

2011 NY Slip Op 8559

DARIN GIOELI, Respondent, v. GEORGE C. VLACHOS et al., Appellants.

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

Decided November 22, 2011.


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

To state a cause of action to recover damages for legal malpractice, a plaintiff must allege (1) that the attorney "failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession," and (2) that the breach of this duty proximately caused the plaintiff to sustain actual and ascertainable damages (Leder v Spiegel, 9 N...

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