Search for: "Kluczka v Lecci"
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28 Mar 2011, 2:16 pm
The failure to demonstrate proximate cause requires dismissal of a legal malpractice action regardless of whether the attorney was negligent (see Theresa Striano Revocable Trust v Blancato, 71 AD3d at 1124; Von Duerring v Hession & Bekoff, 71 AD3d 760; Kluczka v Lecci, 63 AD3d at 797).Comment: the law of New York appears to be identical to Illinois law, except that Illinois Courts do not allow a defendant to appeal the denial of summary… [read post]
27 Sep 2010, 3:19 am
" Kluczka v. [read post]
11 Jul 2018, 4:20 am
To establish proximate causation, the plaintiff must show that she would have prevailed in the underlying action or would not have incurred any damages, but for the defendant attorney’s [*2]negligence (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442; Kluczka v Lecci, 63 AD3d 796, 797; Wray v Mallilo & Grossman, 54 AD3d 328, 329). [read post]
15 Jun 2009, 4:40 am
Kluczka v Lecci 2009 NY Slip Op 04867 Decided on June 9, 2009 Appellate Division, Second Department holds that: "The plaintiff retained the defendant attorney to represent him in a divorce action commenced by his former wife. [read post]
1 Sep 2009, 4:39 am
"The Second Department of the Appellate Division recently stated in Kluczka v Lecci (63 AD3d 796 [2009]) that: "[i]n order to prevail in an action to recover damages for legal malpractice, a plaintiff must establish that the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession, and that the breach of this duty proximately caused the plaintiff to sustain actual and… [read post]
11 Nov 2011, 3:00 am
The Allens did not establish, prima facie, that they would have been entitled to the return of their down payment, but for this alleged malpractice (see Kluczka v Lecci, 63 AD3d 796, 797). [read post]
14 May 2020, 7:32 am
Inasmuch as the Defendants cite Kluczka v Lecci ( 63 AD3d 796 [2d Dept 2009]) and Reibman v Senie (302 AD2d 290 [l st Dept 2003]) for the proposition that the Complaint does not allege proximate cause, those are both summary judgment decisions which do not address allegations at the pleading stage of the proceedings. [read post]
