H.H.B.K. 45th Street Corp. v. Stern

Supreme Court erred in granting the motion to disqualify plaintiff’s counsel on the ground that two of the lawyers in the firm were involved in negotiations of the lease which plaintiff now seeks to have reformed. As to David Rosenberg, who represented plaintiff in the first of two sets of negotiations, the affirmation of Richard Abelson, former in-house counsel to respondent ICC Realty Corporation, establishes that these negotiations did not result in an agreement between the parties. Mr. Abelson states that "any discussion which concerned the aborted deal can have no relevance to the lease…