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TABNER v. DRAKE

9 A.D.3d 606 (2004)

780 N.Y.S.2d 85

JOHN W. TABNER et al., Doing Business as TABNER, RYAN & KENIRY, Respondents-Appellants, v RALPH H. DRAKE, JR., et al., Appellants-Respondents.

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

July 8, 2004.

SPAIN, J.

Plaintiffs commenced this action to recover legal fees for services allegedly rendered to defendant Ralph H. Drake, Jr. in connection with his residential and commercial real estate business—defendant RHD Construction Corporation. Defendants answered, asserting counterclaims sounding in malpractice and breach of contract. Plaintiffs moved for summary judgment, asserting that they had established an account...

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