Moccia v. Weisfogel

Full title: NANCY MOCCIA et al., Appellants, v. ESTHER WEISFOGEL et al., Respondents

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

Date published: Sep 21, 1998

253 A.D.2d 800 (N.Y. App. Div. 1998)

677 N.Y.S.2d 503

Opinion

September 21, 1998

Appeal from the Supreme Court, Nassau County (Ain, J.).

Ordered that the order is affirmed, with costs.

Since the defendants established the existence of a prior attorney-client relationship, and that the former and current representation are both adverse and substantially related, the Supreme Court did not improvidently exercise its discretion in disqualifying the plaintiffs' law firm from further representation of the plaintiffs ( see, Solow v. Grace Co., 83 N.Y.2d 303, 308; Mondello v. Mondello, 118 A.D.2d 549; Schmidt v. Magnetic Head Corp., 101 A.D.2d 268).

Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.