SANTULLI v. ENGLERT, REILLY


164 A.D.2d 149 (1990)

Martin Santulli, Respondent, v. Englert, Reilly & McHugh, P. C., Appellant

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

November 15, 1990


Attorney(s) appearing for the Case

Roche, Corrigan, McCoy & Bush (Scott W. Bush of counsel), for appellant.

Karl H. Schrade (Donna B. Heinrichs of counsel), for respondent.

WEISS and HARVEY, JJ., concur with MERCURE, J.; CASEY, J. P., concurs in part and dissents in part in an opinion; LEVINE, J., not taking part.


MERCURE, J.

Plaintiff retained defendant to perform legal services in connection with the sale of plaintiff's hardware business, including preparation of a mortgage to secure payment of a portion of the purchase price. Following the closing on the transaction, the mortgage was recorded on February 18, 1981. In May 1983, plaintiff sought defendant's assistance in collecting amounts due on the mortgage. When these...

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