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WHALEN v. DEGRAFF, FOY, CONWAY HOLT-HARRIS & MEALEY

53 A.D.3d 912 (2008)

863 N.Y.S.2d 100

ALICE WHALEN, Respondent-Appellant, v. DEGRAFF, FOY, CONWAY HOLT-HARRIS & MEALEY, Now Known as DEGRAFF, FOY, KUNZ & DEVINE, LLP, Appellant-Respondent.

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

Decided July 17, 2008.

Stein, J.

Plaintiff initially retained defendant to recover her interest in a partnership, Pearcove Associates, LP. Defendant ultimately secured a judgment in the amount of $1,235,976 against Julius Gerzof. In January 1995, before the judgment was satisfied, Gerzof died a resident of Florida. In April 1995, defendant sought the assistance of Scott Cagan, a Florida attorney who was then with the firm of Bailey, Hunt, Jones and Besto (hereinafter Bailey), in preserving...

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