SMITH v. RUDOLPH

302983/09. 2950.

151 A.D.3d 58 (2017)

2017 NY Slip Op 02957

51 N.Y.S.3d 507

TYNIA SMITH, Respondent, v. FRANCIS V. RUDOLPH et al., Appellants.

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

Decided April 18, 2017.


Attorney(s) appearing for the Case

Lawrence Heisler , Brooklyn ( Timothy J. O'Shaughnessy of counsel), for appellants.

Spiegel & Barbato, LLP, Bronx ( Brian C. Mardon of counsel), for respondent.

FEINMAN and GISCHE, JJ., concur with RENWICK, J.; FRIEDMAN, J.P., concurs in a separate opinion.


OPINION OF THE COURT

We all admire the work of an advocate who performs his or her duties with competence and diligence on behalf of a client. Competent and diligent representation, however, does not mean a lawyer should strive to "win" a case at all costs, if that means harming adversaries and their clients unreasonably and...

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