Ordered that the order is affirmed insofar as cross-appealed from; and it is further,
Ordered that the order is reversed insofar as appealed from, on the law, and the defendants motion for summary judgment dismissing the complaint is granted; and it is further,
Ordered that the defendant is awarded one bill of costs. To recover damages for legal malpractice, a plaintiff must prove that the attorney failed to exercise that degree of care, skill, and diligence commonly possessed and exercised by a member of the legal community ( see, Logalbo v. Plishkin, Rubano Baum, 163 A.D.2d 511). In addition, the plaintiff must establish that the attorneys negligence was a proximate cause of the loss sustained, that the plaintiff incurred damages as a direct result of the attorneys actions, and that the plaintiff would have been successful in the underlying action if the attorney had exercised due care ( see, Andrews Beverage Distrib. v. Stern, 215 A.D.2d 706). The plaintiff's have failed to show that had the defendant perfected their appeal in the "underlying mortgage foreclosure action they would have been successful in that action.
The plaintiff's remaining contentions are without merit.
Bracken, J.P., Copertino, Joy and McGinity, JJ., concur.