Legal Opinion
Trimarco v. Data Treasury Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 17, 2012PublishedCited by 14 opinions
1Opinion of the Court
The disqualification of an attorney is a matter that rests within the sound discretion of the Supreme Court (see Nationscredit Fin. Servs. Corp. v Turcios, 41 AD3d 802 [2007]). A party’s entitlement to be represented by counsel of his or her choice is a valued right which should not be abridged absent a *757clear showing that disqualification is warranted (see Aryeh v Aryeh, 14 AD3d 634 [2005]). On a motion to disqualify an attorney, the burden of making such a showing is on the moving party (see S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 NY2d 437 [1987]; Nationscredit Fin.…
2Cases cited5 opinions
- S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
- Falk v. GalloAppellate Division of the Supreme Court of the State of New York · 2010
- Aryeh v. AryehAppellate Division of the Supreme Court of the State of New York · 2005
- Nationscredit Financial Services Corp. v. TurciosAppellate Division of the Supreme Court of the State of New York · 2007
- Daniel Gale Associates, Inc. v. GeorgeAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by14 opinions
- Magnus v. SkloverAppellate Division of the Supreme Court of the State of New York · 2012
- Homar v. American Home Mortgage Acceptance, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Empire Med. Servs. of Long Is., P.C. v. SharmaAppellate Division of the Supreme Court of the State of New York · 2020
- McElduff v. McElduffAppellate Division of the Supreme Court of the State of New York · 2012
- Luciano v. KennedyAppellate Division of the Supreme Court of the State of New York · 2017
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