Cutner & Associates, P.C. v. Kanbar

Appellate Division of the Supreme Court of New York

Cutner & Associates, P.C. v. Kanbar

300 A.D.2d 157, 751 N.Y.S.2d 733, 2002 N.Y. App. Div. LEXIS 12476

Appellate Division of the Supreme Court of the State of New York·Decided December 19, 2002·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered December 9, 1999, which denied plaintiff’s motion to disqualify Shearer & Essner, LLP (S&E) as attorneys for defendant, unanimously affirmed, with costs.

The motion for disqualification of S&E as defendant’s counsel was properly denied. There was no showing of any attorney-client relationship between plaintiff and S&E (see Tekni-Plex, Inc. v Meyner & Landis, 89 NY2d 123, 131) or that S&E received confidential information from plaintiff, substantially related to this action, under circumstances in which plaintiff had the right to believe that S&E, as attorneys, would respect such confidences (see e.g. Wall St. Assoc. v Brodsky, 227 AD2d 301).

We have considered plaintiff’s other arguments and find them unavailing. Concur — Williams, P.J., Andrias, Buckley, Lerner and Gonzalez, JJ.

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—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered December 9, 1999, which denied plaintiff’s motion to disqualify Shearer & Essner, LLP (S&E) as attorneys for defendant, unanimously affirmed, with costs.

The motion for disqualification of S&E as defendant’s counsel was properly denied. There was no showing of any attorney-client relationship between plaintiff and S&E (see Tekni-Plex, Inc. v Meyner & Landis, 89 NY2d 123, 131) or that S&E received confidential information from plaintiff, substantially related to this action, under circumstances in which plaintiff had the right to believe that S&E, as attorneys, would respect such confidences (see e.g. Wall St. Assoc. v Brodsky, 227 AD2d 301).

We have considered plaintiff’s other arguments and find them unavailing. Concur — Williams, P.J., Andrias, Buckley, Lerner and Gonzalez, JJ.

Cutner & Associates, P.C. v. Kanbar, 300 A.D.2d 157, 751 N.Y.S.2d 733, 2002 N.Y. App. Div. LEXIS 12476 (N.Y. Ct. App. 2002).

Pincite

300 A.D.2d 157 (Cutner & Associates, P.C. v. Kanbar) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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