Cherry v. Decker

—Rose, J.

Appeal from an order of the Supreme Court (Hughes, J.), entered December 23,1999 in Schoharie County, which partially denied defendant’s motion to dismiss the complaint for failure to state a cause of action.

In 1994, Surrogate’s Court issued letters of administration in the estate of Walter W. Garlock (hereinafter decedent) to the Schoharie County Treasurer, Lawrence Tague, as public administrator. Tague thereafter retained defendant, an attorney, to represent him as fiduciary of the estate. On April 30, 1996, Surrogate’s Court entered a decree closing the estate. In June 1996, Tague…