Legal Malpractice Claim Dismissed for Failure to Show That Counsel’s Negligence Caused the Client’s Loss

On December 8, 2021, the Second Department issued a decision in Rudovic v. Law Off. of Timothy A. Green, 2021 NY Slip Op. 06873, affirming the dismissal of a legal malpractice claim for failing to show how counsel’s negligence caused the client’s losses, explaining:

A cause of action alleging legal malpractice should set forth facts showing 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. The plaintiff must plead actual ascertainable damages resulting from the attorney’s negligence.

Here, the Supreme Court properly determined that the complaint failed to state a cause of action to recover damages for legal malpractice. Viewing the complaint in the light most favorable to the plaintiff, it failed to plead specific factual allegations as to proximate cause. The plaintiff failed to allege facts that would demonstrate that, but for the defendants’ alleged negligence, there would have been a more favorable outcome in the underlying action or that the plaintiff would not have incurred any damages. The complaint also failed to adequately allege actual, ascertainable damages.

(Internal citations omitted) (emphasis added).

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