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ELLIOTT v. JACOBS

221 A.D.2d 889 (1995)

634 N.Y.S.2d 267

Ray A. Elliott, Jr., Respondent, v. Andrew C. Jacobs, Appellant

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

November 30, 1995

Spain, J.

In April 1984, plaintiff, a physician, retained defendant, an attorney, to represent him in a legal malpractice action against a different attorney who had been hired by plaintiff to represent him in a medical malpractice action. Plaintiff paid defendant a $10,000 retainer fee. Thereafter, although defendant did actually serve a summons and complaint in the malpractice action, plaintiff ultimately...

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