Valentini Construction Corp. v. Cohen

Full title: VALENTINI CONSTRUCTION CORP., Respondent, v. PAUL COHEN et al., Appellants

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

Date published: Jan 25, 1996

223 A.D.2d 489 (N.Y. App. Div. 1996)

636 N.Y.S.2d 1009

Opinion

January 25, 1996

Appeal from the Supreme Court, New York County (Stephen Crane, J.).

Plaintiff met its burden of establishing a substantial relationship between the issues in the instant litigation and the subject matter of the prior representation of plaintiff by defendants' present attorney, thus warranting disqualification ( see, Matter of Prudential Sec. v Wyser-Pratte, 187 A.D.2d 306, 307). Defendants' motion for renewal was properly denied for failure to establish that the claimed new evidence was unknown to defendants at the time of the original motion and to offer a valid excuse for not submitting the additional facts upon the original motion ( Foley v Roche, 68 A.D.2d 558, 568).

Concur — Rosenberger, J.P., Nardelli, Williams, Tom and Mazzarelli, JJ.