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ANTONELLI v. GUASTAMACCHIA

2013-10762, Index No. 100705/08.

131 A.D.3d 1078 (2015)

17 N.Y.S.3d 436

2015 NY Slip Op 06870

NICHOLAS ANTONELLI et al., Appellants, v. STEVEN GUASTAMACCHIA et al., Defendants, and STEVEN DECKER, ESQ., et al., Respondents. (And a Third-Party Action.)

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

Decided September 23, 2015.

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

"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" (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer...

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