Legal Opinion
Thomas Supply & Equipment Co. v. White Fathers of Africa, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 1, 1976PublishedCited by 8 opinions
1Opinion of the Court
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…
2Cases cited3 opinions
- Rotante v. Lawrence HospitalAppellate Division of the Supreme Court of the State of New York · 1974
- In re HuieAppellate Division of the Supreme Court of the State of New York · 1956
- Magjuka v. GreenbergerAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by8 opinions
- Lewis v. Unigard Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1981
- Villas of Forest Hills Co. v. LumbergerAppellate Division of the Supreme Court of the State of New York · 1987
- Fugnitto v. FugnittoAppellate Terms of the Supreme Court of New York · 1982
- Nationstar Mtge., LLC v. GhanessAppellate Division of the Supreme Court of the State of New York · 2023
- Schertz v. JenkinsCivil Court of the City of New York · 2004
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