KAPLAN v. CONWAY AND CONWAY

158060/17, 2347, 9558.

173 A.D.3d 452 (2019)

102 N.Y.S.3d 612

2019 NY Slip Op 04477

Adam Kaplan et al., Appellants, v. Conway and Conway et al., Respondents.

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

Decided June 6, 2019.


A claim for legal malpractice requires that a plaintiff allege facts that, if proven at trial, would 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, 8 N.Y.3d 438

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