Agate v. Herrick, Feinstein LLP

*342We affirm for reasons stated in Kaminsky v Herrick, Feinstein LLP (59 AD3d 1 [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 his attorneys, the outcome of the underlying matter would have been substantially different (see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 434…