Finding that a plaintiff café/bar failed to show that it was ever or would ever be profitable, a state appeals court has rejected a legal malpractice suit against a Manhattan law firm that had allegedly provided “erroneous’ insurance coverage advice while the bar was being sued for noise complaints.

In a terse opinion, the Appellate Division, First Department wrote that “because the calculation of plaintiff’s [VPC Projects, LLC’s] damages [linked to any legal malpractice] would rely on gross speculations about future events, namely, that the bar would have stayed open until such time as it became profitable and the profits matched plaintiff’s significant investment [of $1 million in the bar], plaintiff cannot prove that defendant’s malpractice, if any, proximately caused those damages.”