TATE v. McQUADE


83 Misc.2d 951 (1975)

Charles J. Tate, as Administrator of The Estate of Nicholas C. Tate, Deceased, Plaintiff, v. John J. McQuade, Individually and as Guardian ad Litem for Nicholas C. Tate, Defendant.

Supreme Court, Westchester County.

July 14, 1975


Attorney(s) appearing for the Case

Bennardo & Farrauto (Morton N. Wekstein of counsel), for plaintiff. Whalen & O'Neill for defendant.


HAROLD L. WOOD, J.

In the complaint herein, plaintiff, in his representative capacity, charges defendant, both individually and as former guardian ad litem for Nicholas C. Tate (hereinafter the father) with "gross negligence, malpractice, nonfeasance, misfeasance, malfeasance and breach of fiduciary relationship" regarding defendant's conduct and/or lack thereof in exercising a certain right of election on behalf...

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