Summary
In Horn v. Municipal Information Services, Inc., 282 A.D.2d 712, 724 N.Y.S.2d 320, the Second Dept. addressed the issue of the disqualification of counsel during litigation.
Summary of this case from Kaminski v. Spring Publishing Corp.Opinion
April 10, 2001.
April 30, 2001.
John R. Lewis, Sleepy Hollow, N.Y., for appellant.
Wilson, Elser, Moskowitz, Edelman Dicker, LLP, White Plains, N Y (Bryon L. Friedman and Robert A. Spolzino of counsel), for respondent.
Before: DAVID S. RITTER, J.P., LEO F. McGINITY, HOWARD MILLER, SANDRA L. TOWNES, JJ.
DECISION ORDER
In an action, inter alia, to recover damages for breach of contract, the defendant Municipal Information Services, Inc., appeals from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered May 4, 2000, which granted the plaintiff's motion to disqualify John R. Lewis as its counsel on the ground of a conflict of interest.
ORDERED that the order is affirmed, with costs.
It is well settled that the disqualification of an attorney is a matter which rests within the sound discretion of the court (see, Olmoz v. Town of Fishkill, 258 A.D.2d 447; Fischer v. Deitsch, 168 A.D.2d 599; Narel Apparel v. American Utex Int., 92 A.D.2d 913, 914). A party's entitlement to be represented in ongoing litigation by counsel of its own choosing is a valued right which should not be abridged absent a clear showing that disqualification is warranted (see, Olmoz v. Town of Fishkill, supra; Feeley v. Midas Props., 199 A.D.2d 238), and the movant bears the burden on such motion (see, Tekni-Plex, Inc. v. Meyner Landis, 89 N.Y.2d 123, 131; Solow v. Grace B. Co., 83 N.Y.2d 303, 308; see also, S S Hotel Ventures Ltd. Partnership v. 777 S. H. Corp., 69 N.Y.2d 437, 445).
The Supreme Court providently exercised its discretion in granting the plaintiff's motion to disqualify John R. Lewis as counsel for the defendant Municipal Information Services, Inc., as the plaintiff met its burden of showing that disqualification was warranted based upon a conflict of interest (see, Olmoz v. Town of Fishkill, supra).