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Bison Plumbing City, Inc. v. Benderson

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 955 (N.Y. App. Div. 2001)

Summary

determining that, even if firm should be disqualified, attorney's status as "special counsel" did not warrant his disqualification

Summary of this case from United States v. Morris

Opinion

March 21, 2001.

Appeal from Order of Supreme Court, Erie County, NeMoyer, J. — Disqualify Counsel.

PRESENT: PIGOTT, JR., P. J., GREEN, WISNER, KEHOE AND BURNS, JJ.


Order unanimously affirmed with costs.

Memorandum:

"A motion to disqualify another party's attorney is addressed to the sound discretion of the trial court" ( Juergens v. Schanman, 182 A.D.2d 740, 741). Supreme Court properly exercised its discretion in denying defendants' motion to disqualify plaintiff's attorney based upon the failure of defendants to meet their burden of presenting sufficient proof to warrant that relief ( see, Petrossian v. Grossman, 219 A.D.2d 587, 588). Defendants failed to establish that an attorney-client relationship exists between them and plaintiff's attorney or his former law firm based upon the law firm's representation of a partnership in which one of defendant trustees is a partner ( see, Brooklyn Navy Yard Cogeneration Partners v. PMNC, 254 A.D.2d 447; Kushner v. Herman, 215 A.D.2d 633). Further, assuming, arguendo, that the law firm is disqualified from representing plaintiff, we conclude that defendants failed to demonstrate that the law firm's disqualification is imputed to plaintiff's attorney pursuant to Code of Professional Responsibility DR 5-105 (d) ( 22 NYCRR 1200.24 [d]) based upon his status as "special counsel" to the law firm ( see, Shelton v. Shelton, 151 A.D.2d 659; Gray v. Memorial Med. Ctr., 855 F. Supp. 377, 379-380).


Summaries of

Bison Plumbing City, Inc. v. Benderson

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 955 (N.Y. App. Div. 2001)

determining that, even if firm should be disqualified, attorney's status as "special counsel" did not warrant his disqualification

Summary of this case from United States v. Morris
Case details for

Bison Plumbing City, Inc. v. Benderson

Case Details

Full title:BISON PLUMBING CITY, INC., PLAINTIFF-RESPONDENT, v. NATHAN BENDERSON…

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

Date published: Mar 21, 2001

Citations

281 A.D.2d 955 (N.Y. App. Div. 2001)
722 N.Y.S.2d 660

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