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A unanimous panel of the Appellate Division, First Department has reinstated a legal malpractice case accusing Manhattan attorney Edward M. Fogarty of depriving a client, construction company Phoenix Erectors, of a $194,000 judgment through a procedural error. Phoenix retained Mr. Fogarty, originally a partner at White & McSpedon and later at Litchfield Cavo, in 2002 to represent it in a legal dispute with Hera Construction, for which Phoenix was a subcontractor. Hera filed a suit against Phoenix for breach of contract, and Phoenix filed a suit to recover payments due under the contract against Hera and a surety from which Hera had obtained a $1.6 million bond to cover Phoenix’s labor and material costs.

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