What is the test for establishing a third cause of action?

"New York", United States of America

The following excerpt is from Cohen v. Kachroo, 2013 NY Slip Op 30416 (N.Y. Sup. Ct. 2013):

The third cause of action alleges legal malpractice. "To establish a cause of action for legal malpractice, the plaintiff must show (1) that the attorney was negligent in failing to exercise that degree of care, skill and diligence commonly exercised by an ordinary member of the legal community; (2) that but for the attorney's negligence, plaintiff would have prevailed in the underlying action; and (3) that actual damages were sustained as a direct result of the attorney's actions." (Wilson v. City of New York, 294 A.D.2d 290, 293 [1st Dept. 2000]) (citation omitted).

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