KAPLAN v. KARLICK


269 A.D.2d 319 (2000)

703 N.Y.S.2d 174

ARNOLD J. KAPLAN et al., Appellants, v. GIDEON J. KARLICK et al., Respondents.

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

Decided February 29, 2000.


The motion court erred in granting summary judgment. Testimony of a lawyer's course of conduct is admissible in the circumstances presented. Any objection thereto goes to the weight of the evidence not its admissibility. The record reveals evidentiary proof of continuing and significant client contact, as well as proof of significant consultations with the attorney at the firm, since deceased, with whom plaintiffs had a long-term relationship. Therefore, there exist questions...

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