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SILVA v. WORBY, GRONER, EDELMAN, LLP.

54 A.D.3d 634 (2008)

864 N.Y.S.2d 23

DORIS SILVA, as Administratrix of the Estate of ANNETTE MEDINA, Deceased, Appellant, v. WORBY, GRONER, EDELMAN, LLP, et al., Respondents.

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

September 25, 2008.

The conflicting deposition testimony and affidavits submitted by the parties present a material issue of fact whether plaintiff instructed defendants to attempt to settle the case underlying this legal malpractice action for $1.25 million (see Langhorn v K. Solo Serv. Corp., 302 A.D.2d 307 [2003]). As the record indicates that defense counsel in the underlying case was authorized and prepared to settle that case for the requested...

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