Collins v. Felder

3 Citing cases

  1. Charbern Mgmt. Grp. v. Borah

    22-CV-8137 (VEC) (S.D.N.Y. Jun. 12, 2023)

    In New York, legal malpractice requires a showing that: (1) the attorney was negligent; (2) the negligence was the proximate cause of the plaintiff's injury; and (3) the plaintiff suffered actual damages. Collins v. Felder, 785 Fed.Appx. 8, 10 (2d Cir. 2019) (citations omitted). Defendant argues that Plaintiff's communications with overlapping counsel in the months during and leading up to the closing bear directly on whether Plaintiff's alleged damages - particularly, the reduced sale price - were caused by Defendant's alleged negligence.

  2. Abrahami v. Meister Seelig & Fein LLP

    21 Civ. 10203 (JFK) (S.D.N.Y. Jun. 8, 2022)   Cited 1 times

    “To prevail on a legal malpractice claim in New York, a plaintiff must demonstrate ‘that the attorney was negligent, that the negligence was a proximate cause of the injury and that [the plaintiff] suffered actual and ascertainable damages.'” Collins v. Felder, 785 Fed.Appx. 8, 10 (2d Cir. 2019) (quoting Rubens v. Mason, 527 F.3d 252, 254-55 (2d Cir. 2008)). For purposes of this motion, MSF does not dispute that the Complaint plausibly alleges negligence. Instead, MSF moves to dismiss the Complaint on the grounds that Abrahami has failed to adequately plead proximate cause and actual and ascertainable damages.

  3. RocketFuel Blockchain Co. v. Ellenoff Grossman & Schole LLP

    21-CV-1764 (VEC) (S.D.N.Y. Jan. 7, 2022)   Cited 3 times

    In New York, legal malpractice requires a showing that: (1) the attorney was negligent; (2) the negligence was the proximate cause of the plaintiff's injury; and (3) the plaintiff suffered actual damages. Collins v. Felder, 785 Fed.Appx. 8, 10 (2d Cir. 2019) (citations omitted). EGS argues that Plaintiffs have failed adequately to allege any element of a malpractice claim.