Opinion
April 29, 1999
Appeal from the Supreme Court, New York County (Carol Huff, J.).
The writing plaintiff signed constituted a clear and effective waiver of any right he might otherwise have had to claim the conflict of interest he now asserts ( see, Yasuda Trust Banking Co. v. 250 Church Assocs., 206 A.D.2d 259). Moreover, we agree with the IAS Court that, quite apart from this waiver, disqualification should be denied for failure to show the nature and substance of the confidential information plaintiff imparted to the attorneys, and its bearing on the arbitration proceeding ( see, supra). There is no merit to plaintiff's argument that the attorneys are simultaneously representing parties with conflicting interests in the arbitration.
Concur — Nardelli, J. P., Tom, Lerner, Mazzarelli and Friedman, JJ.