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Austin v. Local 1-2

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 566 (N.Y. App. Div. 1996)

Opinion

February 20, 1996

Appeal from the Supreme Court, Richmond County (Cusick, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the defendants' motion which was to disqualify the plaintiff's counsel, Stuart Bochner. Bochner's representation of a separate entity, although one related to the defendant union, on matters unrelated to this litigation is not likely to adversely affect the exercise of his independent professional judgment or to involve him in representing differing interests ( see, Code of Professional Responsibility DR 5-105 [B]; 22 NYCRR 1200.24 [b]). Nor is disqualification required because Bochner was general counsel to the union some 10 years ago. The defendants failed to demonstrate that his current representation of the plaintiff is substantially related to his prior representation of the union ( see, Solow v. Grace Co., 83 N.Y.2d 303, 308; Harnett v. Long Is. Jewish-Hillside Med. Ctr., 215 A.D.2d 726). Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

Austin v. Local 1-2

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 566 (N.Y. App. Div. 1996)
Case details for

Austin v. Local 1-2

Case Details

Full title:STEWART AUSTIN, Respondent, v. LOCAL 1-2, UTILITY WORKERS UNION OF…

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

Date published: Feb 20, 1996

Citations

224 A.D.2d 566 (N.Y. App. Div. 1996)
639 N.Y.S.2d 405