EXCELSIOR CAPITOL LLC v. K&L GATES LLP

778, 158220/14.

138 A.D.3d 492 (2016)

29 N.Y.S.3d 320

2016 NY Slip Op 02738

EXCELSIOR CAPITOL LLC, Appellant, v. K&L GATES LLP, Respondent.

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

Decided April 12, 2016.


Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered September 11, 2015, which granted defendant's motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

"An action for legal malpractice requires proof of three elements: (1) that the attorney was negligent; (2) that such negligence was a proximate cause of plaintiff's losses; and (3) proof of actual damages" (Global Bus. Inst. v Rivkin Radler LLP...

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