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MATTER OF NEW YORK DIET DRUG LITIGATION

105122/09, -160946/14, 4926, 653434/14, 4925, 4924.

155 A.D.3d 450 (2017)

63 N.Y.S.3d 668

2017 NY Slip Op 07945

In the Matter of NEW YORK DIET DRUG LITIGATION. CLARA APPEL-HOLE et al., Plaintiffs, et al., Intervenor-Plaintiffs, v. WYETH-AYERST LABORATORIES et al., Defendants, et al., Intervenor-Defendants. PAUL J. NAPOLI et al., Third-Party Plaintiffs-Respondents, v. PARKER WAICHMAN et al., Third-Party Defendants-Appellants. MATTER OF NEW YORK DIET DRUG LITIGATION CLARA APPEL-HOLE et al., Plaintiffs, et al., Intervenor-Plaintiffs, v. WYETH-AYERST LABORATORIES et al., Defendants, et al., Intervenor-Defendants. PAUL J. NAPOLI et al., Third-Party Plaintiffs-Respondents, v. PARKER WAICHMAN et al., Third-Party Defendants-Appellants. In the Matter of NEW YORK DIET DRUG LITIGATION. CLARA APPEL-HOLE et al., Plaintiffs, et al., Intervenor-Plaintiff, v. WYETH-AYERST LABORATORIES et al., Defendants, et al., Intervenor-Defendants. PAUL J. NAPOLI et al., Third-Party Plaintiffs-Respondents, v. PARKER WAICHMAN et al., Third-Party Defendants-Appellants.

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

Decided November 14, 2017.

Intervenor plaintiffs in each of these three actions were the plaintiffs in the New York Diet Drug Litigation. They were represented in the litigation by intervenor defendants/third-party plaintiffs, who negotiated settlements (settling counsel). They had been referred to settling counsel by third-party defendants (referring counsel). Intervenor plaintiffs allege that settling counsel engaged in common-law fraud in allocating costs...

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