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EVYAN PERFUMES v. HAMILTON

22 Misc.2d 616 (1959)

Evyan Perfumes, Inc., et al., Plaintiffs, v. A. E. Hamilton, Doing Business as A. E. Hamilton Company, Consultants, Defendant.

Supreme Court, Special Term, New York County.

October 23, 1959.

Attorney(s) appearing for the Case

Townley, Updike, Carter & Rodgers (J. Howard Carter and Walter E. Shuttleworth of counsel), for plaintiffs.

Cally & Cally (James J. Cally of counsel), for defendant.

OWEN McGIVERN, J.

This is a motion by plaintiffs to disqualify defendant's attorneys herein upon the ground that they formerly represented plaintiffs.

Before considering the merits of the motion, the court must consider its jurisdiction to pass upon such a motion.

In Erie County Water Auth. v. Western N. Y. Water Co. (304 N.Y. 342 [1952], cert. denied 344 U.S. 892 [1952] defendants moved in the trial...

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