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BIVONA v. DANNA & ASSOC., P.C.

2013-04113

123 A.D.3d 959 (2014)

999 N.Y.S.2d 860

2014 NY Slip Op 08948

CHRIS BIVONA et al., Respondents, v. DANNA & ASSOCIATES, P.C., et al., Appellants. (And a Third-Party Action.).

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

Decided December 24, 2014.

Ordered that the order is affirmed, without costs or disbursements.

"`In an action to recover damages for legal malpractice, a plaintiff must demonstrate that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession and that the attorney's breach of this duty proximately caused plaintiff to sustain actual and ascertainable damages'" (Lever v Roesch,

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