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570003/15. CONNIE ABRAHAM, plf-app, v. SAMUEL VIRUET, def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment (Eddie J. McShan, J.), entered April 4, 2014, insofar as appealed from, affirmed, without costs, for the reasons stated by Eddie J. McShan, J. at Civil Court.

Giving due deference to the trial court’s findings of fact and credibility, we sustain the judgment awarded in favor of defendant dismissing plaintiff’s action insofar as it sounds in legal malpractice. Plaintiff’s trial showing, unaccompanied by any expert opinion testimony, failed to establish that the defendant-attorney’s representation of plaintiff in the two underlying matters “fell below the ordinary and reasonable skill and knowledge commonly possessed by a member of the [legal] profession” (see Fidler v. Sullivan, 93 AD2d 964 [1983]). Moreover, in view of the continued pendency of one of the underlying actions, plaintiff did not and cannot establish any actual damages attributable to the malpractice alleged in connection with that matter (see Kahn Jewelry Corp v. Rosenfeld, 295 AD2d 261 [2002]).

 
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