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BAZINET v. KLUGE

196 Misc.2d 231 (2003)

764 N.Y.S.2d 320

EDWARD BAZINET, Plaintiff, v. GALINA KLUGE, Individually and as Executrix of MICHAEL KLUGE, Deceased, et al., Defendants.

Supreme Court, New York County.

May 29, 2003.

Attorney(s) appearing for the Case

Schneider Goldstein Bloomfield, LLP, New York City, for Samuel J. Reiser, as escrow agent, defendant.

Joseph M. Heppt, New York City, for Galina Kluge, defendant.

Wrobel & Schatz, New York City, for plaintiff.

OPINION OF THE COURT

EDWARD H. LEHNER, J.

The central legal issues presented on the motion of defendant Reiser to dismiss the cross claims asserted against him by his former client are (i) whether an attorney who drafted contracts of sale can be held liable for any loss of monies deposited with him as escrowee upon the failure of the bank in which the funds were deposited, and (ii) whether it is malpractice to allow $2,730,000 to remain in a noninterest...

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