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McKAIN LAW, PLLC v. BRUTVAN

No. 2014-0394

44 Misc.3d 597 (2014)

989 N.Y.S.2d 274

2014 NY Slip Op 24165

In the Matter of McKAIN LAW, PLLC, et al., Petitioners, v. MICHAEL J. BRUTVAN, Respondent.

Supreme Court, Tompkins County.

Decided June 24, 2014.

Attorney(s) appearing for the Case

McKain Law, PLLC, Ithaca ( Carla McKain of counsel), for McKain Law, PLLC, petitioner.

Coughlin & Gerhart, LLP, Binghamton ( Oliver Blaise, III , of counsel), for Coughlin & Gerhart, LLP, petitioner.

Edward E. Kopko, Lawyer, P.C. , Ithaca ( Edward E. Kopko of counsel), for respondent.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

Petitioner law firms — McKain Law, PLLC (McKain Law) and Coughlin and Gerhart, LLP (C & G) — represented respondent in a federal court action, commenced pursuant to the Employee Retirement Income Security Act of 1974 (29 USC § 1001 et seq.) (ERISA), to recover disability benefits allegedly due him (Brutvan v CIGNA Life Ins. Co. of NY) (the underlying action), in which the court...

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