Practice point: If the underlying action was time-barred, as a matter of law, the attorney's negligence was not a proximate cause of the alleged injuries, and the action will be dismissed.
Students should note that plaintiff must plead and prove actual and ascertainable damages as a result of the attorney's negligence.
Dempster v. Liotti , NY Slip Op 04408 (2d Dept. 2011 ).
Tomorrow's issue is post-judgment interest.