Legal Opinion
Orbco Advisors LLC v. 400 Fifth Realty LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 3, 2015No. 16303 653825/13PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered January 15, 2015, which denied plaintiff’s motion to disqualify defendants’ counsel, unanimously affirmed, with costs.
The court providently exercised its discretion by denying plaintiff’s motion at this early stage of the litigation (see e.g. Dishi v Federal Ins. Co., 112 AD3d 484 [1st Dept 2013]). Plaintiff did not meet its “heavy burden” (id. at 484 [internal quotation marks omitted]) of showing that the testimony of the subject attorneys would be both necessary and prejudicial to defendants (see Ullmann-Schneider v…
2Cases cited4 opinions
- S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
- Talvy v. American Red Cross in Greater New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Talvy v. American Red Cross in Greater New YorkNew York Court of Appeals · 1995
- Stilwell Value Partners IV, L.P. v. CavanaughAppellate Division of the Supreme Court of the State of New York · 2014
3Cited by2 opinions
- Luciano v. KennedyAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Segal v. Five Star Elec. Corp.Appellate Division of the Supreme Court of the State of New York · 2018