The short answer is No. The longer answer, and an explanation is found in Jean-Baptiste v The Law Firm of Kennth B. Mock; 2011 NY Slip Op 31540(U) ;May 26, 2011; Sup Ct, Nassau County
Docket Number: 20409/10 ;Judge: Antonio I. Brandveen.
"[T]the Second Deparment holds: "(a) plaintiff is not obligated to show, on a motion to dismiss, that it actually sustained damages. It need only plead allegations from which damages attributable to the defendant’s malpractice might be reasonably inferred (see Kempfv Magida 37 AD3d 763 , 764 (2007); see also InKine Pharm. Co. v Coleman 305 AD2d 151 (2003); Fielding v Kupferman 65 AD3d 437 442 (2009); Rock City Sound, Inc. v. Bashian Farber, LLP 74 A.D.3d 1168, [2 Dept, 2010)). This Court viewed the complaint in the light most favorable to the
plaintiff, yet this plaintifffails to show the existence of an attorney-client relationship
between him and the defendant, and the alleged legal malpractice was not a proximate
cause of any damage to the plaintiff. The plaintiff here does not plead allegations from
which damages attributable to the defendant’s malpractice might be reasonably inferred."