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TABNER v. DRAKE

505836

68 A.D.3d 1568 (2009)

2009 NY Slip Op 10006

893 N.Y.S.2d 292

JOHN W. TABNER et al., Doing Business as TABNER, RYAN & KENIRY, Respondents, v. RALPH H. DRAKE JR. et al., Appellants.

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

Decided December 31, 2009.

SPAIN, J.P.

In 1998, plaintiffs commenced an action to recover legal fees for services allegedly rendered to defendant Ralph H. Drake Jr.'s residential and commercial real estate business — defendant RHD Construction Corporation. In response, Drake and RHD asserted negligence and malpractice counterclaims against plaintiffs. Multiple pretrial proceedings ensued (see e.g. Tabner v Drake, 9...

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