In re Winston
This text of 174 A.D.2d 748 (In re Winston) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
—In a proceeding for the construction of a will, the petitioner appeals from an order of the Surrogate’s Court, Westchester County (Brewster, S.), dated December 11, 1990, which granted the respondent Ronald Winston’s motion to disqualify the law firm representing the petitioner.
Ordered that the order is affirmed, with costs payable by the appellant.
The disqualification of the law firm representing the petitioner was proper since an attorney must avoid not only the fact, but also the appearance of representing conflicting interests (see, Horowitz v Horowitz, 151 AD2d 646). Thompson, J. P., Kunzeman, Rosenblatt and O’Brien, JJ., concur.
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174 A.D.2d 748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-winston-nyappdiv-1991.