Opinion
Argued June 1, 2000
July 24, 2000.
In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Rockland County (Bergerman, J.), dated August 11, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.
Donald Brenner, Tappan, N.Y., for appellant.
Steinberg Cavaliere, LLP, White Plains, N.Y. (Neil W. Silberblatt of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. To establish a prima facie case of legal malpractice, a client must demonstrate that its attorney failed to exercise that degree of skill commonly exercised by an ordinary member of the legal community, and that it incurred damages as a direct result of its attorney's actions (see, Marshall v. Nacht, 172 A.D.2d 727). Assuming arguendo that an attorney-client relationship existed, the plaintiff failed to raise a triable issue of fact that any damages it allegedly incurred were proximately caused by the defendant's alleged negligence (see, Luniewski v. Zeitlin, 188 A.D.2d 642). Consequently, the plaintiff's cause of action to recover damages for malpractice was properly dismissed (see, Marshall v. Nacht, supra; Murphy v. Stein, supra).
The plaintiff's remaining contention is without merit.