Avery v. Sirlin, 2004-09285, (Index No. 3764/97) , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2006 NY Slip Op 1447; Both sides lose summary judgment based upon questions of fact on cooperation between attorney and client, and question on merit of an appeal, which apparently was not perfected.

2. Goldfarb v.