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13 Aug 2012, 1:16 am by Andrew Lavoott Bluestone
The defendants demonstrated their prima facie entitlement to judgment as a matter of law dismissing the legal malpractice cause of action insofar as asserted against them by demonstrating that any negligence on their part did not proximately cause the plaintiffs' alleged damages (see Von Duerring v Hession & Bekoff, 71 AD3d 760). [read post]
28 Feb 2011, 4:04 am by Andrew Lavoott Bluestone
The defendants demonstrated their prima facie entitlement to judgment as a matter of law dismissing the legal malpractice cause of action insofar as asserted against them by demonstrating that any negligence on their part did not proximately cause the plaintiffs' alleged damages (see Von Duerring v Hession & Bekoff, 71 AD3d 760). [read post]
1 Aug 2022, 5:21 am by Andrew Lavoott Bluestone
Inst. v Rivkin Radler LLP, 101 AD3d 651, 651-652 [1 st Dept 2012] [internal quotation and citation omitted]); Von Duerring v Hession & Belco.ff, 71 AD3d 760, 760 [2d Dept 2010]; Carrasco v Pena & Kahn, 48 AD3d 395, 396 [2d Dept 2008]). [read post]
3 Aug 2020, 4:00 am by Andrew Lavoott Bluestone
In an action to recover damages for legal malpractice, a plaintiff must demonstrate that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession and that the attorney’s breach of this duty proximately caused the plaintiff to sustain actual and ascertainable damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Von Duerring v Hession & Bekoff, 71 AD3d 760 [2d Dept 2010]).… [read post]