Micheli v. E.J. Builders, Inc.

Mikoll, J. P. (dissenting).

I respectfully dissent. Supreme Court properly disqualified McNamee, Lochner, Titus & Williams, P. C. from representing defendants. The party seeking disqualification of an attorney or a law firm must establish the existence of a prior attorney-client relationship and that the former and current representations are both adverse and substantially related (see, Solow v Grace & Co., 83 NY2d 303, 308; see also, Code of Professional Responsibility DR 5-108 [22 NYCRR 1200.27]). Plaintiff satisfied his burden of proof (cf., Matter of Schachenmayr v Town of N. Elba Bd. of…