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BUECHEL v. BAIN

275 A.D.2d 65 (2000)

713 N.Y.S.2d 332

FREDERICK F. BUECHEL et al., Individually and as Trustees of Trusts Entitled Biomedical Engineering Trust, Respondents, v. JOHN N. BAIN et al., Appellants, et al., Defendants.

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

September 28, 2000.

Attorney(s) appearing for the Case

David N. Ellenhorn of counsel, New York City (Solomon, Zauderer, Ellenhorn, Frischer & Sharp, attorneys), for respondents.

Robert F. Cusumano of counsel, New York City (Simpson Thacher & Bartlett, attorneys), for John N. Bain, appellant.

Thomas W. Hyland of counsel, New York City (Steven Verveniotis and Brett A. Scher on the brief; Wilson Elser Moskowitz Edelman & Dicker, L. L. P., attorneys), for John G. Gilfillan, III, appellant.

ELLERIN, J.P., SAXE and BUCKLEY, JJ., concur.

OPINION OF THE COURT

RUBIN, J.

This matter involves the propriety of an agreement to compensate defendants for legal services rendered to plaintiffs Frederick F. Buechel, M.D. and Michael J. Pappas, Ph.D. in connection with the patenting of certain prosthetic devices plaintiffs had developed. At issue is the preclusive effect to be given to a decision rendered in a lawsuit brought by R. Gale Rhodes, Jr., a former law partner of defendants John N. Bain and...

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