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KIVO v. BURKE

100135/14. Appeal No. 12039. Case No. 2019-2624.

187 A.D.3d 503 (2020)

130 N.Y.S.3d 321

2020 NY Slip Op 05680

Lewis Kivo, Appellant, v. Louis F. Burke, P.C., et al., Respondents.

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

Decided October 13, 2020.

To support a claim for legal malpractice, a plaintiff must "establish that [defendants] 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" (Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP, 26 N.Y.3d 40, 49 [2015][internal quotation...

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