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KAMINSKY v. HERRICK

59 A.D.3d 1 (2008)

870 N.Y.S.2d 1

EDWARD A. KAMINSKY, Appellant, v. HERRICK, FEINSTEIN LLP et al., Respondents.

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

Decided December 18, 2008.

Attorney(s) appearing for the Case

Brian J. Isaac, New York City, and Schwartz & Ponterio, PLLC, New York City (Matthew F. Schwartz of counsel), for appellant.

Herrick, Feinstein LLP, New York City (Susan T. Dwyer and Jennifer Smith Finnegan of counsel), for respondents.

FRIEDMAN, BUCKLEY and CATTERSON, JJ., concur.

OPINION OF THE COURT

TOM, J.P.

In this action for legal malpractice, plaintiff claims that his attorneys' failure to offer sufficient expert testimony concerning the valuation of his damages resulted in an inadequate arbitration award. However, plaintiff fails to offer any viable legal basis upon which the arbitration panel could have reached a substantially different result. Thus, plaintiff cannot establish that the outcome of the proceedings would have...

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