Ordered that the order is affirmed, with costs.
Abraham Hershorn allegedly was injured due to a dangerous and defective condition created by sheetrock stacked against a wall at a job site. He and his wife Maxine Hershorn retained the defendants to commence an action on their behalf to recover damages for personal injuries and loss of consortium (hereinafter the underlying action). After the underlying action was dismissed, the Hershorns commenced this action to recover...
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