Niagara Mohawk Power Corp. v. Town of Tonawanda Assessor
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting the motion of respondents to disqualify counsel for petitioner in various tax certiorari proceedings. The party seeking to disqualify an attorney or law firm must'establish that there was a prior attorney-client relationship and that the former and current representations are both adverse and substantially related (Solow v Grace & Co., 83 NY2d 303, 308; Cardinale v Golinello, 43 NY2d 288, 295-296). Although respondents met the first prong of the test, they failed to establish that the…
2Cases cited6 opinions
- Cardinale v. GolinelloNew York Court of Appeals · 1977
- Solow v. W. R. Grace & Co.New York Court of Appeals · 1994
- Lightning Park, Inc. v. Wise Lerman & Katz, P. C.Appellate Division of the Supreme Court of the State of New York · 1994
- Yasuda Trust & Banking Co. v. 250 Church AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
- CNY Mechanical Associates, Inc. v. Fidelity & Guaranty InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Barragree v. Tri-County Electric Cooperative, Inc.Supreme Court of Kansas · 1997
- Medical Capital Corp. v. MRI Global Imaging, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Gaspar v. Hollrock Poured Concrete, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Clark v. New York State Office of Parks, Recreation & Historic PreservationAppellate Division of the Supreme Court of the State of New York · 2004
- Niagara Mohawk Power Corp. v. Town of Tonawanda AssessorAppellate Division of the Supreme Court of the State of New York · 1997
2 more not listed; retrieve them via the Exa API.