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BERKOWITZ v. FISCHBEIN

34 A.D.3d 297 (2006)

825 N.Y.S.2d 17

ABRAHAM BERKOWITZ, Appellant-Respondent, v. FISCHBEIN, BADILLO, WAGNER & HARDING, Defendant, and RICK, STEINER, SEGAL & FELL, P.C., et al., Respondents-Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 14, 2006.

Plaintiff failed to show that "but for" his attorneys' omission, he would not have been prosecuted by the Attorney General's office. This failure to establish proximate cause mandates dismissal of a legal malpractice action, regardless of an attorney's negligence (see Brooks v Lewin, 21 A.D.3d 731, 734 [2005], lv denied 6 N.Y.3d 713 [2006]).

As plaintiff concedes, his claim for breach...

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