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ENGEL v. CBS, INC.

93 N.Y.2d 195 (1999)

711 N.E.2d 626

689 N.Y.S.2d 411

DONALD S. ENGEL, Appellant, et al., Plaintiff, v. CBS, INC., et al., Respondents.

Court of Appeals of the State of New York.

Decided April 6, 1999.

Attorney(s) appearing for the Case

Engel & Engel, New York City (Donald S. Engel of counsel), for appellant.

Cahill Gordon & Reindel, New York City (Thomas J. Kavaler, Michael P. O'Mullan and Gail I. Edwin of counsel), for respondents.

John B. Harris, New York City, Beverly F. Sowande and Karen L. Dippold for Committee on Professional Responsibility of the Association of the Bar of the City of New York, amicus curiae.

Judges BELLACOSA, SMITH, LEVINE and WESLEY concur; Chief Judge KAYE and Judge ROSENBLATT taking no part.

OPINION OF THE COURT

CIPARICK, J.

The United States Court of Appeals for the Second Circuit certified the following question to this Court for resolution:

"Whether an attorney, sued by his client's adversary for the purpose of interfering with the attorney's zealous representation of his client, and whose representation is actually undermined by the suit, may satisfy the required element of special...

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