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SHUMSKY v. EISENSTEIN

96 N.Y.2d 164 (2001)

750 N.E.2d 67

726 N.Y.S.2d 365

DAVID SHUMSKY et al., Appellants, v. PAUL EISENSTEIN, Respondent.

Court of Appeals of the State of New York.

Decided May 10, 2001.

Attorney(s) appearing for the Case

Eric A. Klein, New York City, for appellants.

Paul Eisenstein, Woodbury, respondent pro se.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

LEVINE, J.

In April 1993, plaintiffs David Shumsky and Marjorie Scheiber retained defendant Paul Eisenstein, an attorney, for the specific purpose of commencing an action against Charles Fleischer, a home inspector, for breach of contract. Defendant did not contact plaintiffs to keep them informed and, in fact, avoided plaintiffs' inquiries regarding the status of the matter.

In response to a formal disciplinary grievance plaintiffs...

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