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HÉLIE v. McDERMOTT, WILL & EMERY

18 Misc.3d 673 (2007)

852 N.Y.S.2d 701

MARC HÉLIE, Plaintiff, v. McDERMOTT, WILL & EMERY et al., Defendants.

Supreme Court, New York County.

December 17, 2007.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler, LLP, New York City (Anne O. Martinson of counsel), for defendants.

Liddle & Robinson, LLP, New York City (Jeffrey L. Liddle and Christine A. Palmieri of counsel), for plaintiff.

O'Shea Partners, LLP, New York City (Sean F. O'Shea of counsel), for Gramercy Advisors, LLC.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

Defendant attorneys move to compel a nonparty former client, Gramercy Advisors, LLC and its related entities, to comply with a subpoena duces tecum. This motion raises novel issues concerning the attorney self-defense exception to the attorney's duty of confidentiality.

Background

In this legal malpractice action, plaintiff Marc Helie claims that defendant John J. Sullivan, a partner in the law...

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