Legal Opinion

Nationscredit Financial Services Corp. v. Turcios

Appellate Division of the Supreme Court of the State of New York

Decided June 26, 2007PublishedCited by 19 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the defendants Luis A. Turcios and Aurora Velasquez appeal from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated August 10, 2006, as granted the plaintiffs motion to disqualify Steven A. Sternlicht from representing them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The disqualification of an attorney is a matter which rests within the sound discretion of the trial court (see Boyd v Trent, 287 AD2d 475 [2001]). Disqualification is warranted if the attorney’s testimony is necessary (see S & S Hotel…

2Cases cited5 opinions

  1. S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
  2. Boyd v. TrentAppellate Division of the Supreme Court of the State of New York · 2001
  3. Federal Insurance v. Evans Construction of New York Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Chadrjian v. PurcellAppellate Division of the Supreme Court of the State of New York · 2002
  5. Fernandes v. JamronAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by19 opinions

  1. Falk v. GalloAppellate Division of the Supreme Court of the State of New York · 2010
  2. Lauder v. GoldhamerAppellate Division of the Supreme Court of the State of New York · 2014
  3. Trimarco v. Data Treasury Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Bentvena v. EdelmanAppellate Division of the Supreme Court of the State of New York · 2008
  5. Hudson Valley Marine, Inc. v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 2008

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