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HALWANI v. BORIS KOGAN & ASSOC., P.C.

Index No. 155241/14. Appeal No. 14563. Case No. 2020-02670.

199 A.D.3d 413 (2021)

153 N.Y.S.3d 856

2021 NY Slip Op 06039

Simon Halwani, Appellant, v. Boris Kogan & Associates, P.C., Respondent.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Law Office of Alan J. Sasson PC, Brooklyn ( Alan J. Sasson of counsel), for appellant.

Boris Kogan & Associates, PC, New York ( Boris Kogan of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Kapnick, Kennedy, Mendez, JJ.

To establish a cause of action for legal malpractice, a plaintiff must prove that the defendant attorney failed to exercise that degree of care, skill, and diligence commonly possessed by a member of the legal community; proximate cause; actual and ascertainable damages; and that the plaintiff would have been successful in the underlying action had the attorney exercised due care (see Reibman v Senie, 302 A.D.2d 290, 290 [1st Dept...

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