Jane Street Company v. Rosenberg Estis

Full title: JANE STREET COMPANY, Appellant, v. ROSENBERG ESTIS, P.C., Respondent

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

Date published: Apr 22, 1993

192 A.D.2d 451 (N.Y. App. Div. 1993)

597 N.Y.S.2d 17

Opinion

April 22, 1993

Appeal from the Supreme Court, New York County (Diane A. Lebedeff, J.).

The IAS Court correctly determined that no attorney-client relationship existed between these parties. Although privity does not depend on an express agreement or upon payment of a fee, plaintiff's unilateral beliefs and actions do not confer upon it the status of client. There is nothing in the record to indicate that defendant law firm either affirmatively led plaintiff to believe it was acting on plaintiff's behalf or knowingly allowed plaintiff to proceed under this misconception.

Concur — Milonas, J.P., Ellerin, Asch, Kassal and Rubin, JJ.