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5 Aug 2011, 2:11 am
In order to establish proximate cause, "plaintiff must demonstrate that 'but for' the attorney's negligence, plaintiff would either have prevailed in the matter at issue, or would not have sustained any 'ascertainable damages'" (id.; citing Brooks v Lewin, 21 AD3d 731, 734, 800 N.Y.S.2d 695 [1st Dept 2005]). [read post]