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NEALS v. COX

240 A.D.2d 380 (1997)

658 N.Y.S.2d 1007

Elizabeth Neals, Individually and as Parent and Natural Guardian of Kevin Alexander, an Infant, Plaintiff, v. Richard Cox et al., Defendants. Joseph Edward Brady, P. C., Nonparty Appellant; and Beth J. Schlossman, Nonparty Respondent

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

June 2, 1997

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the lien is vacated.

We conclude that Beth Schlossman failed to prove her entitlement to $1,500 in fees on a quantum meruit basis. Schlossman failed to appear at the hearing. An attorney from her firm, with no personal knowledge of the facts, submitted the case file as evidence of value of her services. Assuming, arguendo, that the case file was admissible in evidence, no evidence...

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