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POTTERS v. 71ST STREET LEXINGTON CORP.

8 A.D.3d 198 (2004)

779 N.Y.S.2d 473

SANFORD B. POTTERS et al., Appellants-Respondents, v. 71ST STREET LEXINGTON CORP., Respondent-Appellant, and GLORIA FRANKEL, Respondent. GLORIA FRANKEL, Respondent, v. SANFORD B. POTTERS et al., Appellants.

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

June 24, 2004.

It appears that at the suggestion of a bar association legal referral service, one of the upstairs tenants, on behalf of herself and the other upstairs tenant, consulted about the case with a member of the firm that some two months later was retained by the downstairs tenant, but did not retain the firm. It further appears that four years later, and two weeks before the two actions were scheduled for joint trial, the upstairs tenants...

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