Legal Opinion

FMA/Construction Management Corp. v. Yaabetz

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

Decided February 26, 1990PublishedCited by 2 opinions

1Opinion of the Court

In this action, inter alia, for a declaratory judgment, Feldman Misthopoulos Associates, P. C. (hereinafter FMA) contends that the law firm of Sukenik, Segal & Graff, P. C. (hereinafter SSG) has a conflict of interest and is violating Code of Professional Responsibility Canon 5 by representing litigants who have an interest adverse to that of FMA, its previous client, to the detriment of FMA. The plaintiffs re*665quest that SSG be disqualified from representing those litigants. The Supreme Court found that "plaintiffs are barred by the doctrine of collateral estoppel from maintaining this…

2Cases cited4 opinions

  1. Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
  2. Allied Chemical v. Niagara Mohawk Power Corp.New York Court of Appeals · 1988
  3. Richard L. v. ArmonAppellate Division of the Supreme Court of the State of New York · 1989
  4. Silverman v. Leucadia, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by2 opinions

  1. Pescatore v. Dune Alpin Farm Prop. Owners Assn., Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Roller v. WalshAppellate Division of the Supreme Court of the State of New York · 2004

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