BURKHART v. MODICA

CA 10-00401

81 A.D.3d 1356 (2011)

916 N.Y.S.2d 412

WILLIAM E. BURKHART, JR., Appellant-Respondent, v. STEVEN V. MODICA et al., Respondents, and MERCURY PRINT PRODUCTIONS, INC., Respondent-Appellant.

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

Decided February 10, 2011.


It is hereby ordered that the order so appealed from is unanimously affirmed with costs and the matter is remitted to Supreme Court, Wayne County, for further proceedings in accordance with the following memorandum: Plaintiff attorney previously represented William H. Bolia in an action in the United States District Court for the Western District of New York entitled Bolia v Mercury Print Productions, Inc. (hereafter, federal action). At a settlement conference on...

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