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ACKERMAN, M.D. v. NATHAN L. DEMBIN & ASSOCIATES, P.C.

Index No. 156231/17. Appeal No. 13834. Case No. 2020-05014.

194 A.D.3d 512 (2021)

143 N.Y.S.3d 868

2021 NY Slip Op 03108

Paul Ackerman, M.D., Appellant, v. Nathan L. Dembin & Associates, P.C., et al., Respondents.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Andrew Lavoott Bluestone , New York, for appellant.

O'Toole Scrivo, LLC, New York ( Young Yu of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.

To recover damages for legal malpractice, the plaintiff must establish that the attorney (1) "failed to exercise that degree of care, skill and diligence commonly possessed and exercised by a member of the legal community" and (2) that "such negligence was a proximate cause of the loss in question" (Barbara King Family Trust v Voluto Ventures LLC, 46 A.D.3d 423, 424 [1st Dept 2007]). The evidence submitted with the motion establishes...

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