ALFORD EX REL. GENCO v. KATZ

600 CA 21-00926.

208 A.D.3d 1587 (2022)

176 N.Y.S.3d 397

2022 NY Slip Op 05397

Julie Alford, as Executor of and on Behalf of the Estate of Robert J. Genco, Deceased, Appellant, v. Jeffrey H. Katz et al., Respondents.

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

Decided September 30, 2022.


Attorney(s) appearing for the Case

ZDARSKY, SAWICKI & AGOSTINELLI LLP, BUFFALO ( JOSEPH E. ZDARSKY OF COUNSEL), FOR PLAINTIFF-APPELLANT.

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE ( PAUL G. FERRARA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Whalen, P.J., Smith, Centra and NeMoyer, JJ.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, defendants' motion is denied and the complaint is reinstated.

Memorandum: Plaintiff commenced this legal malpractice action as executor of and on behalf of the estate of her father, Robert J. Genco (decedent), alleging that defendants were negligent in the drafting of decedent's will. In 2006, and before decedent and his wife were married, they entered into...

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