Tru-Bite Labs, Inc. v. Ashman

Defendant appeals from an order entered March 24, 1976 in New York County (Nadel, J.) which granted plaintiff’s motion for an order directing defendant’s attorneys to withdraw as trial counsel.

In this action to recover money had and received, defendant raises the affirmative defenses of payment and release based upon a separation agreement entered into between defendant and plaintiff’s president, his former wife. The circumstances underlying the agreement and the intention of the parties are in dispute and it is obvious that one of the members of the firm presently representing defendant, who…