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DYLAN M. v. SEROUR

2964N, 161689/14.

146 A.D.3d 736 (2017)

2017 NY Slip Op 00616

46 N.Y.S.3d 65

DYLAN M., an Infant, by His Mother and Natural Guardian TALI T.B., Respondent, v. SAMEH S. SEROUR et al., Defendants. KATSANDONIS, P.C., Nonparty Appellant.

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

Decided January 31, 2017.

Plaintiff mother, who had joint legal custody of the infant plaintiff pursuant to a judgment of divorce, had standing to retain counsel to bring the action on the infant's behalf (CPLR 1201; Mullins v Saul, 130 A.D.2d 634, 636 [2d Dept 1987]).

However, based on the conflicting affidavits and lack of contemporaneous documentary evidence, issues of fact exist concerning the firm's discharge. Accordingly, there is an issue whether...

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