WIENER v. LAZARD FRERES & CO.


241 A.D.2d 114 (1998)

672 N.Y.S.2d 8

Joel Wiener et al., Appellants, v. Lazard Freres & Co. et al., Respondents, et al., Defendants

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

April 16, 1998


Attorney(s) appearing for the Case

Philip H. Kalban of counsel (Barbara Hair on the brief; Fischbein Badillo Wagner Harding, attorneys), for appellants.

Jay Harris Rabin of counsel (Matthew Gluck and Guy Yonay on the brief; Fried, Frank, Harris, Shriver & Jacobson, attorneys), for Lazard Freres & Co. and others, respondents.

John H. Duchelle of counsel (Wallace A. Christensen and John R. Gerstein on the brief; Ross, Dixon & Masback, L. L. P., attorneys), for Zapco 1500 Investment, L. P., respondent.

ELLERIN, WILLIAMS and ANDRIAS, JJ., concur.


MILONAS, J. P.

At issue in this action is the nature of the relationship between plaintiffs and the Lazard defendants (hereinafter collectively referred to as Lazard) in the context of plaintiffs' efforts to repurchase from the mortgagee bank a building on whose mortgage plaintiffs had defaulted. Plaintiffs are partners of 1500 Realty, which owned an office building...

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