Tuesday, October 7, 2008

Motion Denied

On appeal of the denial of a motion to disqualify counsel, the New York Appellate Division for the First Judicial Department held that the trial court had properly denied the request:

In order to disqualify the firm representing plaintiff in this breach of contract action, defendant had to demonstrate an attorney-client relationship between the firm and plaintiff's principal, and the existence of a conflict of interest between plaintiff and its principal in connection with the matter being litigated (see DR 5-105 [22 NYCRR ยง 1200.24]). Defendant's evidence, consisting of a hearsay internet report, an informal e-mail and a breakfast meeting, was insufficient to establish any separate attorney-client relationship between the firm and plaintiff's principal.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/10/on-appeal-of-th.html

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