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GOLDSTEIN v. MALERBA

191 Misc.2d 131 (2002)

741 N.Y.S.2d 383

GOLDSTEIN, RUBINTON, GOLDSTEIN & DIFAZIO P.C., Respondent, v. ROBERT F. MALERBA, Appellant.

Supreme Court, Appellate Term, Second Department.

February 21, 2002.

Attorney(s) appearing for the Case

Robert F. Malerba, appellant pro se.

Goldstein, Rubinton, Goldstein & DiFazio P.C., Huntington (S. Russ DiFazio of counsel), for respondent.

FLOYD, P.J., DOYLE and WINICK, JJ., concur.

OPINION OF THE COURT MEMORANDUM.

Order unanimously reversed without costs and matter remanded to the court below for a determination de novo following a hearing on the issue of whether Peter Rubinton, Esq. is an officer, director, member, or employee of plaintiff.

Plaintiff commenced this breach of contract and account stated action to recover $12,516.64, plus interest, for legal services it provided...

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