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AGATE v. HERRICK, FEINSTEIN LLP

57 A.D.3d 341 (2008)

870 N.Y.S.2d 250

JAMES AGATE, Appellant, v. HERRICK, FEINSTEIN LLP, Respondent, et al., Defendants.

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

December 18, 2008.

We affirm for reasons stated in Kaminsky v Herrick, Feinstein LLP (___ AD3d ___, 2008 NY Slip Op 09934 [2008] [decided herewith]), namely, the failure to demonstrate any legal basis upon which a trier of fact might find that the alleged omission of defendants to present further expert testimony concerning plaintiffs' damages would have resulted in a higher award by the arbitration panel. Thus, since plaintiff cannot establish that, but for the alleged negligence of...

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