Legal Opinion

Bison Plumbing City, Inc. v. Benderson

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

Decided March 21, 2001PublishedCited by 10 opinions

1Opinion of the Court

—Order unanimously affirmed with costs. Memorandum: “A motion to disqualify another party’s attorney is addressed to the sound discretion of the trial court” (Juergens v Schanman, 182 AD2d 740, 741). Supreme Court properly exercised its discretion in denying defendants’ motion to disqualify plaintiffs attorney based upon the failure of defendants to meet their burden of presenting sufficient proof to warrant that relief (see, Petrossian v Grossman, 219 AD2d 587, 588). Defendants failed to establish that an attorney-client relationship exists between them and plaintiff’s attorney or his former…

2Cases cited5 opinions

  1. Shelton v. SheltonAppellate Division of the Supreme Court of the State of New York · 1989
  2. Petrossian v. GrossmanAppellate Division of the Supreme Court of the State of New York · 1995
  3. Kushner v. HermanAppellate Division of the Supreme Court of the State of New York · 1995
  4. Juergens v. SchanmanAppellate Division of the Supreme Court of the State of New York · 1992
  5. Gray v. Memorial Medical Center, Inc.District Court, S.D. Georgia · 1994

3Cited by10 opinions

  1. Gulino v. GulinoAppellate Division of the Supreme Court of the State of New York · 2006
  2. Fahrenholz v. Security Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
  3. Kelly v. PaulsenAppellate Division of the Supreme Court of the State of New York · 2016
  4. Landon v. AustinAppellate Division of the Supreme Court of the State of New York · 2015
  5. Consumers Beverages, Inc. v. Kavcon Dev. LLCAppellate Division of the Supreme Court of the State of New York · 2024

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