OPPENHEIM v. PEMBERTON


164 A.D.2d 430 (1990)

Stephen L. Oppenheim et al., Respondents, v. Dennis Pemberton et al., Respondents, and Treasure Lake Associates, Appellant. (And Three Other Related Actions.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 13, 1990


Attorney(s) appearing for the Case

Robert M. Cohen for D. Christopher Dubois and others, appellants.

Oppenheim & Meltzer (Stephen L. Oppenheim of counsel), respondents pro se.

Drew, Gargliano & Davidoff (Michael Davidoff of counsel), for Dolphin Development Corporation and others, respondents.

MAHONEY, P. J., KANE and MERCURE, JJ., concur with CASEY, J.; LEVINE, J., dissents and votes to affirm in an opinion.


CASEY, J.

At issue on this appeal is the validity of a notice of pendency filed by plaintiffs, who are attorneys, in one of their actions against various parties concerning legal fees allegedly due and owing them as a result of their representation of defendants Dennis Pemberton and Dagny Management Corporation. On behalf of their clients, plaintiffs commenced actions against defendant Dolphin Development Corporation...

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