Legal Opinion

CNY Mechanical Associates, Inc. v. Fidelity & Guaranty Insurance

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1996PublishedCited by 2 opinions

1Opinion of the Court

—Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court erred in disqualifying J. William Ernstrom and the law firm of Ernstrom & Dreste from representing defendant. "A party seeking *951to disqualify an attorney or a law firm, must establish (1) the existence of a prior attorney-client relationship and (2) that the former and current representations are both adverse and substantially related” (Solow v Grace & Co., 83 NY2d 303, 308). Plaintiff failed to show that the former and current representations are substantially related. Further, there is no proof…

2Cases cited1 opinion

  1. Solow v. W. R. Grace & Co.New York Court of Appeals · 1994

3Cited by2 opinions

  1. Niagara Mohawk Power Corp. v. Town of Tonawanda AssessorAppellate Division of the Supreme Court of the State of New York · 1997
  2. Consumers Beverages, Inc. v. Kavcon Dev. LLCAppellate Division of the Supreme Court of the State of New York · 2024

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