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SCHAFRANN v. N.V. FAMKA, INC.

14 A.D.3d 363 (2005)

787 N.Y.S.2d 315

JAY H. SCHAFRANN, Respondent, v. N.V. FAMKA, INC., Appellant.

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

January 11, 2005.

Defendant sought to avoid the effect of an agreement to transfer the 10% interest by counterclaiming legal malpractice for conflict of interest in the relationship and transactions between plaintiff lawyer and defendant client, and failing to advise defendant to obtain independent counsel (see Code of Professional Responsibility DR 5-101, DR 5-104 [22 NYCRR 1200.20, 1200.23]). The counterclaim was dismissed at trial after...

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