In order to state a cause of action to recover damages for legal malpractice, a plaintiff must allege: (1) that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession; and (2) that the attorney's breach of duty proximately caused the plaintiff actual and ascertainable damages. In addition, the plaintiff must establish that there was an attorney-client relationship. An attorney's conduct or inaction is the proximate cause of a plaintiff's damages if but for the attorney's negligence, the plaintiff would have succeeded on the merits of the underlying action, or would not have sustained actual and ascertainable damages.
Coniglio v. Dansker & Aspromonte Assoc., NY Slip Op 06154 (2d Dep't November 12, 2025)
