ROSS v. POPPER

77 Civ. 4533 (GLG).

9 B.R. 485 (1980)

Andrew ROSS and Elinor Ross, as Trustees of The Andrew Ross Studio, Inc. Profit Sharing Plan, Plaintiffs, v. Wolf A. POPPER, Wolf A. Popper, Inc., Jerome Stern, William Burke, Burlant & Lehrer, Paul Burlant and Stanley Lehrer, Defendants. Wolf A. POPPER, Third Party Plaintiff, v. Owen KILGANNON, Richard Hickey, Hyman Joseph, Oswald Ruggero and Ralph Burke, Third Party Defendants.

United States District Court, S.D. New York.

July 11, 1980.


Attorney(s) appearing for the Case

Zalkin, Rodin & Goodman, Andrew D. Gottfried, New York City, for plaintiffs, Andrew Ross and Elinor Ross.

Rogers, Hoge & Hills, Herbert C. Ross, Jr., New York City, for defendants, Paul Burlant and Stanley Lehrer.

Lewis Novod, New York City, for defendant-third party plaintiff, Wolf A. Popper.

Schwartz & Sachs, P.C., Carle Place, N.Y., for defendants, Jerome Stern and William Burke.

Kane, Kessler, Proujansky, Preiss & Nurnberg, P.C., New York City, for third party defendant, Ralph Burke.

D'Amato & Lynch, New York City, for third party defendants, Owen Kilgannon and Richard Hickey.

Morris Pottish, New York City, for third party defendants, Hyman Joseph and Oswald Ruggero.


MEMORANDUM AND ORDER

RABY, United States Magistrate:

This Memorandum and Order relates to a motion filed June 16, 1980 on behalf of defendant-third party plaintiff Wolf A. Popper, for an order determining:

"a. That any attorney-client privilege heretofore existing between [attorneys] Hyman Joseph and Oswald Ruggero individually and as [the law firm of] Joseph & Ruggero and North Broadway Funding Corp....

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