Practice point: To recover damages for legal malpractice, a plaintiff must prove the existence of an attorney-client relationship. In addition, the plaintiff must establish that the defendant failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession, and that the breach of this duty proximately caused the plaintiff to sustain actual and ascertainable damages.
Student note: To succeed on a motion for summary judgment dismissing the
complaint, the defendant must present
evidence in admissible form establishing that the plaintiff is unable to
prove at least one essential element of his or her cause of action
alleging legal malpractice
Case: Biberaj v. Acocella, NY Slip Op 06165 (2d Dept. 2014).
Here is the decision.
Tomorrow's issue: Property possessor's liability for a third-person's criminal acts.