LAWYERS' FUND FOR CLIENT PROT. OF THE STATE OF NEW YORK v. CHEM. BANK


246 A.D.2d 403 (1998)

668 N.Y.S.2d 23

Lawyers' Fund for Client Protection of the State of New York, Appellant, v. Chemical Bank et al., Respondents

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

January 15, 1998


Plaintiff's subrogor received her entire share of the settlement proceeds, except for $125,000, the amount that she agreed to lend her attorneys, for which she accepted their promissory note and collected interest for two years. By this conduct, plaintiff's subrogor ratified her attorneys' negotiation of the settlement check, which was payable to both the client and the attorneys. Her loss was not the result of defendant depositary bank's actions but of the trust she placed...

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