Legal Opinion
Davin v. JMAM, LLC
Appellate Division of the Supreme Court of the State of New York
Decided March 28, 2006PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered October 28, 2005, which, to the extent appealed from, denied defendant’s motion to disqualify plaintiffs law firm and its motion for summary judgment dismissing the complaint, and granted, in part, plaintiffs cross motion to the extent of compelling certain discovery, unanimously affirmed, with costs.
Disqualification of plaintiff’s law firm for violation of the advocate-witness rule (Code of Professional Responsibility DR 5-102 [a] [22 NYCRR 1200.21 (a)]) was properly denied in the absence of a showing that the…
2Cases cited6 opinions
- Forrest v. Jewish Guild for the BlindNew York Court of Appeals · 2004
- S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
- Talvy v. American Red Cross in Greater New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Talvy v. American Red Cross in Greater New YorkNew York Court of Appeals · 1995
- Ulico Casualty Co. v. WilsonAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by3 opinions
- Lau v. S&M EnterprisesAppellate Division of the Supreme Court of the State of New York · 2010
- Aloyts v. 601 Tenant's Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Arenson Office Furnishings, Inc. v. KopelmanDistrict Court, S.D. New York · 2021