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WYLY v. MILBERG WEISS BERSHAD & SCHULMAN, LLP

15 Misc.3d 583 (2007)

834 N.Y.S.2d 631

SAM WYLY, Petitioner, v. MILBERG WEISS BERSHAD & SCHULMAN, LLP, et al., Respondents.

Supreme Court, New York County.

February 8, 2007.

Attorney(s) appearing for the Case

Bickel & Brewer, New York City (William A. Brewer III and Alexander D. Widell of counsel), for petitioner.

Barry Weprin, New York City, for Milberg Weiss Bershad & Schulman, LLP, respondent.

Jules Brody and Patrick Slyne, New York City, for Stull, Stull & Brody, respondent.

Richard S. Schiffrin and Katharine Ryan, Radnor, Pennsylvania, for Schiffrin & Barroway, LLP, respondent.

OPINION OF THE COURT

JOAN A. MADDEN, J.

In this special proceeding, petitioner Sam Wyly moves to compel the production of respondents' files in two consolidated federal class actions, including attorney work product, based upon his asserted attorney-client relationship with respondents. Respondents oppose the motion, which is granted to the extent set forth below.

Background

On April 7, 2000, Wyly acquired 971,865 options in...

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