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TISCHLER v. FAHNESTOCK & CO., INC.

23 Misc.3d 384 (2009)

871 N.Y.S.2d 887

ESTHER TISCHLER, by JACQUELINE McMICKENS, as Guardian for the Property of ESTHER TISCHLER, Plaintiff, v. FAHNESTOCK & CO., INC., et al., Defendants.

Supreme Court, Kings County.

Decided January 8, 2009.

Attorney(s) appearing for the Case

Jacqueline McMickens, Brooklyn, Guardian for the Property of Esther Tischler, plaintiff. Borstein & Sheinbaum, New York City (Leon Borstein of counsel), for plaintiff. Winget Spadafora & Schwartzberg, LLP, New York City (Thomas Vays of counsel), for defendants and third-party plaintiffs. John Z. Marangos, Staten Island, for Regina Tischler, third-party defendant.

OPINION OF THE COURT

CAROLYN E. DEMAREST, J.

The instant motion (motion sequence No. 8), originated by the court-appointed guardian for the property of Esther Tischler, Jacqueline McMickens, Esq., and supported by the predecessor counsel for plaintiff, is for approval of a settlement of legal fees and disbursements due to attorney Leon Borstein pursuant to a charging lien confirmed in open court on September 28, 2005. At the argument on a prior motion brought...

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