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GREENE v. GREENE

56 N.Y.2d 86 (1982)

Helen C. Greene, Respondent, v. Theodore J. Greene, Individually and as a Partner of the Law Firm of Finley, Kumble, Wagner, Heine and Underberg, et al., Appellants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided May 18, 1982.

Attorney(s) appearing for the Case

Winthrop J. Allegaert, Thomas I. Sheridan, III, and Judith H. Weil for Theodore J. Greene, appellant.

Finley, Kumble, Wagner, Heine, Underberg & Casey (Alan M. Gelb and Philip S. Kaufman of counsel), appellant pro se.

Ralph L. Ellis, Jeffrey H. Squire and John G. Nicolich for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and MEYER concur with Judge WACHTLER; Judge FUCHSBERG concurs in a separate opinion.

WACHTLER, J.

The plaintiff commenced this action against her former attorneys seeking (1) rescission of a trust agreement and (2) an accounting for mismanagement of the fund. On the defendants' motion the trial court dismissed the rescission cause of action but the Appellate Division reversed. The defendants appeal by leave of the Appellate Division on a certified question concerning the correctness of its order...

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