Kaminsky v. Herrick
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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 been more favorable but for defendants’ asserted failure to present evidence, and the complaint must be dismissed.
This dispute has its origins…
2Cases cited21 opinions
- Austin Instrument, Inc. v. Loral Corp.New York Court of Appeals · 1971
- Simon v. Electrospace Corp.New York Court of Appeals · 1971
- Mark Boyce v. Soundview Technology Group, Inc. (Formerly Known as Wit Capital Group, Inc.), Docket No. 05-1685-CvCourt of Appeals for the Second Circuit · 2006
- AmBase Corp. v. Davis Polk & WardwellNew York Court of Appeals · 2007
- Weiss v. ManfrediNew York Court of Appeals · 1994
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3Cited by37 opinions
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- KURUWA v. MeyersDistrict Court, S.D. New York · 2011
- Brookwood Cos., Inc. v. Alston & Bird LLPAppellate Division of the Supreme Court of the State of New York · 2017
- Credit Suisse First Boston v. Utrecht-America Finance Co.Appellate Division of the Supreme Court of the State of New York · 2011
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