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In re Sherman

271 A.D.2d 462 Court First Department, Decision date 1946-11-29 English

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p. 462
In the Matter of Abraham Sherman, an Attorney, Respondent. Association of the Bar of the City of New York, Petitioner.
First Department,
November 29, 1946.
S. C. Lewis of counsel {Linar Chrystie, attorney), for petitioner.
M. Emanuel Balt for respondent.

Respondent was charged with professional misconduct as a result of his participation in the fraudulent sale of a bakery. The transaction was the subject of an action which resulted in a judgment against respondent and his clients. The facts are set forth in the opinion of this court. . (Bardach v. Chain Bakers, Inc., 265 App. Div. 24 , affd. 290 N. Y. 813 .) The official referee appointed to take testimony in regard to the charges has reported that in his opinion the respondent is guilty of professional misconduct by reason of his active participation in the fraud, his silence when he knew the buyer was being defrauded and his violation of a fiduciary relationship as escrow holder of the moneys paid by the buyer. The report of the official referee is confirmed. The respondent should be disbarred.

Martin, P. J., Townley, Glennon, Dore and Callahan, JJ., concur.

Respondent disbarred.

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