Bentvena v. Edelman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, for specific performance of a contract for the sale of real property, the defendant third-party plaintiff appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated January 12, 2007, which denied his motion to disqualify the third-party defendant as the plaintiffs’ attorney.
Ordered that the order is affirmed, without costs or disbursements.
The determination whether or not disqualification of an attorney is warranted is a matter committed to the sound discretion of the trial court. Disqualification is warranted if the attorney’s testimony is…
2Cases cited6 opinions
- S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
- Broadwhite Associates v. TruongAppellate Division of the Supreme Court of the State of New York · 1997
- Plotkin v. Interco Development Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Nationscredit Financial Services Corp. v. TurciosAppellate Division of the Supreme Court of the State of New York · 2007
- Federal Insurance v. Evans Construction of New York Corp.Appellate Division of the Supreme Court of the State of New York · 1999
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- Hudson Valley Marine, Inc. v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 2008
- Goldstein v. HeldAppellate Division of the Supreme Court of the State of New York · 2008
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