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DUFRESNE-SIMMONS v. WINGATE

307170/08.

53 Misc.3d 598 (2016)

2016 NY Slip Op 26206

LYNDA DUFRESNE-SIMMONS, as Guardian of the Person and Property of WILLIAM SIMMONS, Plaintiff, v. WINGATE, RUSSOTTI & SHAPIRO, LLP, Defendant.

Supreme Court, Bronx County.

Decided June 10, 2016.

Attorney(s) appearing for the Case

Winget, Spadafora & Schwartzberg, LLP for defendant.

The Fitzgerald Law Firm, P.C. for plaintiff.

OPINION OF THE COURT

In this action for alleged legal malpractice, defendant moves seeking a pretrial hearing to determine whether plaintiff William Simmons (Simmons) is and has been insane since October 22, 1997 — the date of his stroke — such that pursuant to CPLR 208, he could have been entitled...

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