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,
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