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BALDASARRE v. BUTLER

132 N.J. 278 (1993)

625 A.2d 458

BERNICE M. BALDASARRE AND MARGARET M. NEUMANN, PLAINTIFFS-RESPONDENTS, v. WILLIAM B. BUTLER, PAUL M. DIFRANCESCO, JR., HOOLEY, BUTLER, DIFRANCESCO & KELLY, NEALE F. HOOLEY, DONALD T. DIFRANCESCO AND GERALD C. KELLY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 11, 1993.

Attorney(s) appearing for the Case

Arnold K. Mytelka argued the cause for appellants William B. Butler, Hooley, Butler, DiFrancesco & Kelly, Neale F. Hooley, Donald T. DiFrancesco and Gerald C. Kelly (Clapp & Eisenberg, attorneys; Mr. Mytelka, Agnes I. Rymer, and Madeline E. Cox, on the briefs).

A. Dennis Terrell argued the cause for appellant Paul M. DiFrancesco, Jr. (Shanley & Fisher, attorneys; Mr. Terrell, Andrew P. Slowinski, and Kenneth J. Wilbur, on the briefs).

Edwin J. McCreedy argued the cause for respondents (McCreedy and Cox, attorneys).

The opinion of the Court was delivered by GARIBALDI, J.

This appeal concerns the legal problems that arise from an attorney's dual representation of both buyer and seller in a real estate transaction. Initially, plaintiffs, the sellers, commenced an action alleging legal and equitable fraud against the attorney, his law firm, and the buyer. Shortly before oral argument, the parties informed the Court that plaintiffs had settled their claims against the attorney and...

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