Anthony Lin, in the http://NYLJ.com today reports on a matter we wrote about long ago: “Judge Dismisses Malpractice Claim Against Herrick Feinstein A state judge has thrown out a legal malpractice suit against Herrick, Feinstein. The law firm had been sued by former client James Agate, who claimed Herrick Feinstein lawyers Anthony Jakoby and Harvey Feuerstein’s failure to present evidence on damages led him to receive a lower-than-expected award in a breach-of-contract arbitration before the National Association of Securities Dealers. But Manhattan Supreme Court Justice Louis York (See Profile) said the 4,839 pages of records from the arbitration proceeding showed that Messrs. Jakoby and Feuerstein presented ample evidence, including expert testimony, in support of Mr. Agate’s position. In dismissing the complaint, the judge also said the plaintiff was unable to show that malpractice was the proximate cause of his economic loss. Justice York noted that the NASD arbitrators, who awarded Mr. Agate $344,000, did not offer any explanation for their decision and could not be compelled to provide one. “Accordingly, there is no basis to assert that some failing by Herrick caused the arbitrators to rule as they did,” he said. Agate v. Herrick, Feinstein, 104289/05, will be published Wednesday.” – Anthony Lin