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DEANGELIS v. FRIEDMAN

46 A.D.2d 66 (1974)

Louis DeAngelis et al., Respondents-Appellants, v. Wilma Friedman et al., as Executors and Trustees of N. Joseph Friedman, Deceased, Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 21, 1974.

Attorney(s) appearing for the Case

Berger & Friedman (Joseph Friedman of counsel), for appellants-respondents, individually.

Whalen & O'Neill (James T. Whalen of counsel), for appellants-respondents, as executors.

Oppenheim & Drew (Theodore Drew of counsel), for respondents-appellants.

KANE and REYNOLDS, JJ., concur; HERLIHY, P. J., and MAIN, J., dissent and vote to grant summary judgment in favor of defendants dismissing the complaint.

SWEENEY, J.

This is an action for malpractice. There are no factual disputes. Plaintiffs were involved in an automobile accident in New York State on July 7, 1965. They retained a New Jersey attorney who turned the matter over to N. Joseph Friedman, a New York attorney, in July of 1966. He commenced negotiations in an attempt to bring about a settlement of the matter. The record contains a series of letters between...

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