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PARKCHESTER SOUTH CONDOMINIUM INC. v. HERNANDEZ

2362, 24299/05

71 A.D.3d 503 (2010)

898 N.Y.S.2d 109

PARKCHESTER SOUTH CONDOMINIUM INC., Plaintiff, v. EDWARD HERNANDEZ, Respondent, et al., Defendants. GOTHAM ASSET LOCATORS FUND, INC., Intervenor-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 16, 2010.

While incarcerated, Hernandez was visited by a retired New York City detective representing GALF, who induced him to sign an agreement providing that GALF would receive 50% of any surplus obtained by Hernandez after the foreclosure sale of Hernandez's apartment located in plaintiff's condominium, even if it performed no services for Hernandez. At the time, Hernandez already had counsel who was acting on his behalf. The agreement required that Hernandez consent to be represented...

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