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ROBERTS v. MOORE

74 Misc.2d 709 (1973)

Elliot A. Roberts, Respondent, v. Anne Moore, Also Known as Anne Ryan & Anne Ryan Moore, Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

June 29, 1973

Attorney(s) appearing for the Case

Stanley G. Harvey for appellant. Elliot A. Roberts, Nathan Cyperstein and James B. Reich for respondent.

Concur — MARKOWITZ, P. J., LUPIANO and QUINN, JJ.

Per Curiam.

Plaintiff, an attorney, was engaged by defendant to prosecute the cause of action for the wrongful death of her husband. This cause of action belonged to her deceased husband's estate (EPTL 5-4.1), of which defendant was appointed administratrix. The retainer agreement signed by defendant, before her appointment as administratrix, lost all force as a binding agreement upon her appointment (Matter of Meng, 227 N.Y. 264, 269; Hollenbeck...

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