Appellate Division of the Supreme Court of New York, 2012

Verdi v. Jacoby & Meyers, LLP

Appellate Division of the Supreme Court of New York · Decided February 14, 2012

92 A.D.3d 771; 938 N.Y.2d 806

Cases that cite this one

16 later published cases cite this decision.

Bivona v. Danna & Associates, P.C. (Appellate Division of the Supreme Court of New York 2014)
Valley Ventures, LLC v. Haspel (Appellate Division of the Supreme Court of New York 2013)
Valley Ventures, LLC v. Haspel (Appellate Division of the Supreme Court of New York 2013)
Portilla v. Law Offices of Arcia & Flanagan (Appellate Division of the Supreme Court of New York 2013)
Portilla v. Law Offices of Arcia & Flanagan (Appellate Division of the Supreme Court of New York 2013)
Lovino, Inc. v. Lavallee Law Offices (Appellate Division of the Supreme Court of New York 2012)
Lovino, Inc. v. Lavallee Law Offices (Appellate Division of the Supreme Court of New York 2012)
Lever v. Roesch (Appellate Division of the Supreme Court of New York 2012)
Lever v. Roesch (Appellate Division of the Supreme Court of New York 2012)
Detoni v. McMinkens (Appellate Division of the Supreme Court of New York 2017)
Portilla v. Law Offices of Arcia & Flanagan (Appellate Division of the Supreme Court of New York 2015)
Buczek v. Dell & Little, LLP (Appellate Division of the Supreme Court of New York 2015)
Dawson v. Schoenberg (Appellate Division of the Supreme Court of New York 2015)
Barouh v. Law Offs. of Jason L. Abelove (Appellate Division of the Supreme Court of New York 2015)
Blanco v. Polanco (Appellate Division of the Supreme Court of New York 2014)
Blanco v. Polanco (Appellate Division of the Supreme Court of New York 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*772“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 plaintiff to sustain actual and ascertainable damages” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007], quoting McCoy v Feinman, 99 NY2d 295, 301-302 [2002]; see Bells v Foster, 83 AD3d 876 [2011]). “To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action or would not have incurred any damages, but for the lawyer’s negligence” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442; see Bells v Foster, 83 AD3d 876 [2011]). “To succeed on a motion for summary judgment, the defendant in a legal malpractice action must present evidence in admissible form establishing that the plaintiff is unable to prove at least one of these essential elements” (Alizio v Feldman, 82 AD3d 804, 804 [2011]).

The Supreme Court properly, in effect, upon reargument, adhered to its original determination denying the defendants’ motion for summary judgment dismissing the complaint, since the defendants failed to make the requisite showing of their prima facie entitlement to judgment as a matter of law (see Bells v Foster, 83 AD3d 876 [2011]; Alizio v Feldman, 82 AD3d 804 [2011]; Ippolito v McCormack, Damiani, Lowe & Mellon, *773265 AD2d 303 [1999]; Ostriker v Taylor, Atkins & Ostrow, 258 AD2d 572 [1999]). Dillon, J.E, Florio, Chambers and Roman, JJ., concur. [Prior Case History: 2010 NY Slip Op 33528(U).]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.