In order to state a valid cause of action alleging legal malpractice, the plaintiff must plead sufficient facts to show that an attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession. In order to establish causation, the plaintiff must show that, but for the attorney's negligence, he would have prevailed in the underlying action or would not have incurred any damages. A defendant moving for summary judgment dismissing the cause of action has the burden of establishing prima facie that he did not fail to exercise such skill and knowledge, or that the allege departure did not proximately cause the plaintiff to sustain damages.
Amid v. Del Col, NY Slip Op 00178 (2d Dep't January 17, 2024)
