Practice point: To recover damages, plaintiff must establish that the attorney failed to exercise the skill and knowledge commonly possessed by a member of the profession, and that the breach of this duty proximately caused actual and ascertainable damages.
Practitioners should note that causation requires a showing that plaintiff would have prevailed in the underlying action or would not have incurred damages but for the attorney's negligence.
Case: Ali v. Fink, NY Slip Op 08766 (2d Dept. 2009)
The opinion is here.
Monday's issue: Contracts.
