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MATTER OF VERDUGO

Index Nos. 5001387/09, 160295/15, Appeal No. 16207, Case Nos. 2019-2398, 2021-03211.

206 A.D.3d 577 (2022)

171 N.Y.S.3d 480

2022 NY Slip Op 04138

In the Matter of Jose Verdugo. Rocio Pieternelle, Respondent, v. Smiley & Smiley, LLP, Defendant, and Flomenhaft & Cannata, LLP, et al., Appellants. Schwartz Goldstone Campisi & Kates, LLP, Nonparty Respondent.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

The Flomenhaft Law Firm, PLLC, New York ( Andrew MacNeill Wanger of counsel), for appellants.

Schwartz Goldstone Campisi & Kates, LLP, New York ( Herbert Rodriguez Jr. of counsel), for Schwartz Goldstone Campisi & Kates, LLP, respondent.

Concur—Gische, J.P., Kern, Mazzarelli, Singh, Rodriguez, JJ.

Flomenhaft was retained by defendant Smiley & Smiley, LLP, as trial counsel in a 2004 personal injury action brought by the subject incapacitated person (IP) before a guardian was appointed. On January 5, 2006, nonparty counsel referred by Flomenhaft requested that a guardianship petition filed for the IP by his relatives be marked off the calendar, and the petition was marked off the following month. On March 2, 2007, March 6, 2007, April 3, 2007, and January 18, 2008...

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