Legal Opinion

Schwartz v. Guterman

New York Supreme Court

Decided July 16, 1981PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Felice K. Shea, J.

The principal issue presented by this motion to disqualify counsel is whether, in a suit brought by a limited partner against a general partner and the partnership, the two defendants may be represented by the same attorney.

Plaintiff moves for an order pursuant to CPLR 321 (subd [b]) striking the appearance of defendants’ attorneys, Parker Chapin Flattau and Klimpl, and for a protective order pursuant to CPLR 3103 (subd [a]) staying disclosure pending determination of this motion. Defendants cross-move for an order pursuant to CPLR article 31 compelling…

2Cases cited10 opinions

  1. Ross v. BernhardSupreme Court of the United States · 1969
  2. Cannon v. US Acoustics CorporationDistrict Court, N.D. Illinois · 1975
  3. Rowen v. LeMars Mutual Insurance Co. of IowaSupreme Court of Iowa · 1975
  4. Lewis v. Shaffer Stores CompanyDistrict Court, S.D. New York · 1963
  5. Otis & Co. v. Pennsylvania R. Co.District Court, E.D. Pennsylvania · 1944

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3Cited by2 opinions

  1. In Re Complaint as to the Conduct of KinseyOregon Supreme Court · 1983
  2. Vance v. VanceDistrict Court, D. Kansas · 2020

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