Legal Opinion

Justinian Capital SPC v. WestLB AG

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

Decided December 27, 2011PublishedCited by 9 opinions

1Opinion of the Court

The motion court providently exercised its discretion in granting the motion (see Decana Inc. v Contogouris, 27 AD3d 207 [2006]). In Bank Hapoalim B.M. v WestLB AG (82 AD3d 433 [2011]), we affirmed the disqualification of Reed Smith as counsel for the plaintiffs, including the plaintiff in this action, in a suit claiming that defendants had engaged in negligent and fraudulent conduct in mismanaging the plaintiffs’ investments. Although the particular investment vehicles and legal claims at issue in this case are not identical to those in Bank Hapoalim, the cases are substantially related. The…

2Cases cited3 opinions

  1. Rose Ocko Foundation, Inc. v. LiebovitzAppellate Division of the Supreme Court of the State of New York · 1989
  2. Bank Hapoalim B.M. v. WestLB AGAppellate Division of the Supreme Court of the State of New York · 2011
  3. Decana Inc. v. ContogourisAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by9 opinions

  1. Mayers v. Stone Castle Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Strasser v. AsherAppellate Division of the Supreme Court of the State of New York · 2015
  3. USA Recycling, Inc. v. Baldwin Endico Realty Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Lyons v. LyonsNew York Supreme Court · 2015
  5. Sanyang v. DavisAppellate Division of the Supreme Court of the State of New York · 2021

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