Opinion
06-28-2016
David MOYAL, Suing Individually and on Behalf of Circle Press, Inc., Plaintiff, v. Joseph SULLO, Defendant–Appellant, Robert Malta, et al., Defendants–Respondents, Circle Press, Inc., Nominal Defendant.
Trachtenberg Rodes & Friedberg, LLP, New York (Leonard A. Rodes of counsel), for appellant. Catafago Fini LLP, New York (Jacques Catafago of counsel), for respondents.
Trachtenberg Rodes & Friedberg, LLP, New York (Leonard A. Rodes of counsel), for appellant.
Catafago Fini LLP, New York (Jacques Catafago of counsel), for respondents.
Opinion
Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered February 1, 2016, which granted the motion of defendants Robert Malta and GMD 444 LLC to disqualify Trachtenberg, Rodes & Friedberg LLP (Trachtenberg) from representing defendant Joseph Sullo, unanimously affirmed, with costs.
The motion court providently exercised its discretion by disqualifying Trachtenberg (see generally Ferolito v. Vultaggio, 99 A.D.3d 19, 27, 949 N.Y.S.2d 356 [1st Dept.2012] ). The former joint representation of Malta and Sullo and the present litigation are substantially related and the interests of Malta and Sullo are materially adverse in this action (see Tekni–Plex, Inc. v. Meyner & Landis, 89 N.Y.2d 123, 130–131, 651 N.Y.S.2d 954, 674 N.E.2d 663 [1996] ; Matter of Strasser, 129 A.D.3d 457, 11 N.Y.S.3d 125 [1st Dept.2015] ; Rules of Professional Conduct [22 NYCRR 1200.0 ] rule 1.9). The conflicts waiver contained in the engagement letter was insufficient to show that Malta knowingly waived any objection to Trachtenberg's continued representation of Sullo in this matter (cf. St. Barnabas Hosp. v New York City Health & Hosps. Corp., 7 A.D.3d 83, 90–92, 775 N.Y.S.2d 9 [1st Dept.2004] ).
We have considered Sullo's remaining arguments and find them unavailing.
FRIEDMAN, J.P., ANDRIAS, SAXE, RICHTER, KAHN, JJ., concur.