Gabel v. Gabel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In this action, the defendant moved to disqualify the plaintiffs counsel on the ground that counsel had previously represented the defendant in connection with her formation of a corporation. The Supreme Court granted the motion.
“[A] party seeking disqualification of its adversary’s lawyer must prove: (1) the existence of a prior attorney-client relationship between the moving party and opposing counsel, (2) that the matters involved in both representations are substantially related, and (3) that the interests of the present client and former client are materially adverse” (Tekni-Plex, Inc. v…
2Cases cited7 opinions
- Tekni-Plex, Inc. v. Meyner & LandisNew York Court of Appeals · 1996
- Solow v. W. R. Grace & Co.New York Court of Appeals · 1994
- Aryeh v. AryehAppellate Division of the Supreme Court of the State of New York · 2005
- Falk v. ChittendenNew York Court of Appeals · 2008
- In re Dream Weaver Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. AddimandoAppellate Division of the Supreme Court of the State of New York · 2021
- Gjoni v. Swan Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Mediaceja v. DavidovAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Singh v. SinghAppellate Division of the Supreme Court of the State of New York · 2025
- Town of Oyster Bay v. 55 Motor Avenue Co.Appellate Division of the Supreme Court of the State of New York · 2013
1 more not listed; retrieve them via the Exa API.