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

504271.

2008 NY Slip Op 06342

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 New York, Third Department.

Decided and Entered: July 17, 2008.


Attorney(s) appearing for the Case

Donohue, Sabo, Varley & Huttner, Albany (Kenneth G. Varley of counsel), for appellant-respondent.

O'Connell & Aronowitz, Albany (Cornelius D. Murray of counsel), for respondent-appellant.

Before: Mercure, J.P., Spain, Rose, Kavanagh and Stein, JJ.


MEMORANDUM AND ORDER

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 ...

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