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In Rocky Ferrigno (plaintiff/client) vs Jaghab, Jaghab & Jaghab PC (defendant/Law Firm), the client alleged that the Law Firm should have pursued all avenues to establish damages. 

The plaintiff/client stated that he fell from a ladder during routine maintained of a light fixture ballast.  Because it was routine maintenance there was no cause of action that could have been established against DASNY under NY labor law.  As such on appleal the NY Supreme Court Appellate Division dismissed the remaining legal malpractice causes of action against the Law Firm.

Because there could be no damages in the underlying case there cannot be legal malpractice.

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