Thomas Supply & Equipment Co. v. White Fathers of Africa, Inc.

Appellate Division of the Supreme Court of New York

Thomas Supply & Equipment Co. v. White Fathers of Africa, Inc.

53 A.D.2d 607, 383 N.Y.S.2d 652, 1976 N.Y. App. Div. LEXIS 13285

Appellate Division of the Supreme Court of the State of New York·Decided June 1, 1976·Published·Cited by 8 cases

Opinion

In an action inter alia to recover damages for fraud, defendant appeals from an order of the Supreme Court, Kings County, dated December 17, 1975, which denied its motion to disqualify plaintiff’s counsel. Order affirmed, with $50 costs and disbursements. While plaintiff’s attorney should not have undertaken the representation of the plaintiff in the first instance (see Rotante v Lawrence Hosp., 46 AD2d 199; Emle Ind. v Patentex, Inc., 478 F2d 562), defendant’s inordinate delay in seeking the disqualification of the attorney bars it from obtaining that relief. To grant the application now would only serve to delay the litigation on the very eve of trial (cf. Magjuka v Greenberger, 46 AD2d 867; Matter of Huie [Gottfried], 2 AD2d 163, 165). Gulotta, P. J., Hopkins, Martuscello, Latham and Shapiro, JJ., concur.

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In an action inter alia to recover damages for fraud, defendant appeals from an order of the Supreme Court, Kings County, dated December 17, 1975, which denied its motion to disqualify plaintiff’s counsel. Order affirmed, with $50 costs and disbursements. While plaintiff’s attorney should not have undertaken the representation of the plaintiff in the first instance (see Rotante v Lawrence Hosp., 46 AD2d 199; Emle Ind. v Patentex, Inc., 478 F2d 562), defendant’s inordinate delay in seeking the disqualification of the attorney bars it from obtaining that relief. To grant the application now would only serve to delay the litigation on the very eve of trial (cf. Magjuka v Greenberger, 46 AD2d 867; Matter of Huie [Gottfried], 2 AD2d 163, 165). Gulotta, P. J., Hopkins, Martuscello, Latham and Shapiro, JJ., concur.

Thomas Supply & Equipment Co. v. White Fathers of Africa, Inc., 53 A.D.2d 607, 383 N.Y.S.2d 652, 1976 N.Y. App. Div. LEXIS 13285 (N.Y. Ct. App. 1976).

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Opinion

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