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JACKSON & NASH LLP v. E. TIMOTHY McAULIFFE PLLC

3286, 102265/06.

79 A.D.3d 663 (2010)

915 N.Y.S.2d 40

JACKSON & NASH LLP, Appellant, v. E. TIMOTHY McAULIFFE PLLC et al., Respondents. (And a Third-Party Action.)

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

Decided December 28, 2010.

A client of McAuliffe died in April 2003 while he was a partner at plaintiff firm. Her will named McAuliffe coexecutor, and McAuliffe received preliminary letters testamentary in May 2003. He continued to carry out his duties as executor after he left the firm on August 14, 2003. In November 2003, he received letters testamentary; in December 2005, the estate was settled by agreement. McAuliffe received an executor's commission (see SCPA 2307) in December 2005.

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