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KONCELIK v. ABADY

269 A.D.2d 29 (2000)

709 N.Y.S.2d 668

DEBORAH M. KONCELIK, Respondent, v. SAMUEL A. ABADY, Individually and Doing Business as ABADY & JAFFE, Appellant.

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

June 15, 2000.

Attorney(s) appearing for the Case

Samuel A. Abady & Associates, New York City (Samuel A. Abady of counsel), for appellant.

Ackerman, Wachs & Finton, P. C., Albany (F. Stanton Ackerman of counsel), for respondent.

CREW III, J. P., MUGGLIN, ROSE and LAHTINEN, JJ., concur.

OPINION OF THE COURT

GRAFFEO, J.

In the late 1980's defendant, an attorney, represented the brother of plaintiff in a criminal action in United States District Court for the Northern District of New York. In the course of the criminal proceeding, plaintiff posted bail in the amount of $100,000. On January 14, 1988, in the midst of one of her brother's court appearances and at defendant's behest, plaintiff signed an agreement assigning the bail proceeds to...

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