Supreme Court, Appellate Division, 
Second Department, New York.

Renee SVIGALS, etc., appellant,
v.
HOPGOOD, CALIMAFDE, KALIL & JUDLOWE, et al., respondents.


Dec. 16, 1998.

 Kirschenbaum & Kirschenbaum, P.C., Garden City, N.Y. (Samuel Kirschenbaum of 
counsel), for appellant.

 D'Amato & Lynch, New York, N.Y. (Stephen F. Willig of counsel), for 
respondents.


 *460 In an action to recover damages for legal malpractice, the plaintiff 
appeals from a judgment of the Supreme Court, Nassau County (Schmidt, J.), dated 
December 22, 1997, which, after a nonjury trial, is in favor of the defendants 
and against her, dismissing the complaint.

 ORDERED that the judgment is affirmed, with costs.

 To prevail in a legal malpractice action, the plaintiff must establish that the 
defendant failed to exercise that degree of care, skill, and diligence commonly 
possessed and exercised by an ordinary member of the legal community; that such 
negligence was the proximate cause of the actual damages sustained by the 
plaintiff;  and that but for the negligence, the plaintiff would have been 
successful in the underlying action *461 (see, Andrews Beverage Distributor v. 
Stern, 215 A.D.2d 706, 627 N.Y.S.2d 423;  Logalbo v. Plishkin, Rubano & Baum, 
163 A.D.2d 511, 513, 558 N.Y.S.2d 185).

 In the instant case, the court, as trier of fact, could have reasonably 
concluded that the plaintiff failed to prove that the defendants **437 were 
negligent in the course of representing her (see, Corley v. Miller, 133 A.D.2d 
732, 734-735, 520 N.Y.S.2d 21).

 The plaintiff's remaining contention is without merit.


 ROSENBLATT, J.P., RITTER, COPERTINO and THOMPSON, JJ., concur.

683 N.Y.S.2d 436 (Mem), 256 A.D.2d 460, 1998 N.Y. Slip Op. 11371

END OF DOCUMENT