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GODINO v. LEMKE

2016-04389, Index No. 603921/13.

172 A.D.3d 691 (2019)

97 N.Y.S.3d 512

2019 NY Slip Op 03323

Maria Godino, as Administrator of the Estate of Gasparino J. Godino, Deceased, Respondent, v. Dennis M. Lemke, Esq., et al., Respondents. Nassau County Sheriff's Department, Nonparty Appellant.

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

Decided May 1, 2019.

Ordered that the order is affirmed, with costs.

The plaintiff is the administrator of the estate of Gasparino J. Godino (hereinafter the decedent), who died in 2010 while in the custody of the Nassau County Sheriff's Department (hereinafter the Sheriff). In 2013, the plaintiff commenced this action, inter alia, to recover damages for legal malpractice. The defendants' attorneys served a so-ordered judicial subpoena on the Sheriff, seeking certain records relating...

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