FEYGIN v. MARTELL


283 A.D.2d 304 (2001)

724 N.Y.S.2d 614

GREGORY FEYGIN, Respondent, v. ERICA MARTELL, Appellant and Third-Party Plaintiff-Appellant. NORMAN COHEN et al., Third-Party Defendants-Respondents.

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

Decided May 22, 2001.


The record supports the motion court's conclusion that in prior litigation the plaintiff and defendant, represented by her present counsel, had a joint strategy or common interest in which they were both aligned against Neways Inc. This joint strategy or common interest created a type of attorney/client privilege between plaintiff and the attorney (see generally, People v Osorio, 75 N.Y.2d 80, 85; Parisi v Leppard,

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