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DISTEFANO v. GREENSTONE

815 A.2d 496 (2003)

357 N.J. Super. 352

Angela DISTEFANO, Plaintiff-Respondent, Cross-Appellant, v. Wayne GREENSTONE, Esq. and Greenstone & Greenstone, a Professional Corporation, Defendants-Appellants, Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 2003.

Attorney(s) appearing for the Case

Michael D. Mezzacca argued the cause for appellant-cross-respondent (Fitzpatrick, Reilly, Supple & Gaul, attorneys; Mr. Mezzacca, on the brief).

Richard P. Flaum argued the cause for respondent-cross-appellant (DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, attorneys; Mr. Flaum, on the brief).

Before Judges KING, WEFING and FUENTES.

The opinion of the court was delivered by KING, P.J.A.D.

This case presents the problem of how to deal with the "dual contingency" fee aspect of a malpractice claim against an attorney who has mishandled a personal injury action. Here, defendants Wayne Greenstone and Greenstone & Greenstone (defendant or Greenstone), original counsel for plaintiff, Angela DiStefano, did not timely pursue plaintiff's claim and the statute of limitations barred her personal injury...

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