JANE STREET COMPANY v. ROSENBERG ESTIS

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.