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SANTIAGO v. FELLOWS, EPSTEIN & HYMOWITZ, P.C.

2008-04199.

66 A.D.3d 758 (2009)

886 N.Y.S.2d 766

2009 NY Slip Op 7393

TERRY SANTIAGO, Appellant, v. FELLOWS, EPSTEIN & HYMOWITZ, P.C., et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 13, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

To establish a cause of 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 plaintiff to sustain actual and ascertainable damages" (Rudolf v Shayne, Dachs, Stanisci...

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