Mere error of judgment or "selection of one among several reasonable courses of action does not constitute malpractice." Rosner v.
To satisfy the first element, a plaintiff must show that defendant's conduct "fell below the ordinary and reasonable skill and knowledge commonly possessed by a member of the profession." Bernstein v.In New York, the plaintiff must prove each of the claim's essential elements: (1) that defendant was negligent (2) that defendant's negligence was the proximate cause of the claimed injury and (3) that plaintiff suffered "actual and ascertainable" damages. 2006) (deeming New York law applicable to claim of legal malpractice regardless of basis of federal jurisdiction, because the claim has its source in state law) (citation omitted). Kirby, McInerney Squire, LLP, 464 F.3d 328, 337 n. In this diversity action, New York's law of legal malpractice applies. The substantive law applied to the case determines which facts are material for purposes of deciding a summary judgment motion.Therefore, the breach of contract claim is dismissed as duplicative of that for legal malpractice.
Diamond does not allege that defendants promised a particular result, rather than simply undertaking to litigate her case.
#Bill of particulars ny professional#
of a malpractice claim," where it is does not "rest upon a promise of a particular or assured result," but rather upon defendant's alleged breach of professional standards. ¶¶ 43, 44.) Yet a claim for breach of contract is properly dismissed as "redundant. Plaintiff alleges that defendants bore a contractual duty "to represent her in litigating her action for dental malpractice" and that they "breached said contract by failing to exercise the reasonable skill and knowledge commonly possessed by a member of the legal profession." (Compl. 33), be dismissed as duplicative of her legal malpractice claim.
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