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GRIFFIN v. F.J. SCIAME CONSTRUCTION CO., INC.

267 A.D.2d 100 (1999)

700 N.Y.S.2d 133

ETHEL GRIFFIN, Public Administrator of the City of New York, as Administratrix of the Estate of LEO WILLIAMS, Deceased, Plaintiff, v. F.J. SCIAME CONSTRUCTION CO., INC., et al., Defendants. WILLIAM PAGAN & ASSOCIATES, P. C., Nonparty Appellant; TRIEF & OLK, Nonparty Respondent.

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

Decided December 14, 1999.

This Court has previously found that appellant outgoing attorneys, while acting as attorneys to the estate of Leo Williams, took positions adverse to the interests of the estate's sole distributee in an attempt to retain control of the estate's wrongful death action and to collect legal fees (Matter of Williams, 245 A.D.2d 126). Appellant is not entitled to fees incurred during the course of that conflict-ridden representation (...

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