Ian v. Golub

Kupferman, J. P.,

dissents in a memorandum as follows: the defendant, a member of the Bar, having successfully obtained for the plaintiff, his then client, the right to a cooperative apartment, (see, Ian v Wassberg, 80 AD2d 505, affd 55 NY2d 706), became involved in a dispute with his former client regarding fees, among other things, as to which both commenced lawsuits, later consolidated.

The plaintiff former client moved to dismiss counterclaims of the defendant lawyer, and while the motion was pending, the defendant served interrogatories on the plaintiff who refused to answer them based on…