LEGAL MALPRACTICE – Settlement of Underlying Action – To establish a prima facie case for legal malpractice, plaintiff must prove the four elements of defendant’s failure to use that degree of care, skill and diligence commonly used by a member of the legal community, proximate cause, damages, and that plaintiff would have been successful in the underlying action had the attorney used due care. Plaintiff may successfully establish a legal malpractice claim even if the underlying case concluded in settlement if plaintiff alleges that the settlement was effectuated as a result of counsel’s negligence.
Tortura v. Sullivan Papain, Block, McGrath & Cannavo, PC; Second Dept.