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GREENE v. GREENE

47 N.Y.2d 447 (1979)

Helen C. Greene, Respondent, v. Theodore J. Greene, Individually and as a Partner of Finley, Kumble, Wagner, Heine & Underberg, et al., Defendants and Third-Party Plaintiffs-Appellants. Norman R. Grutman et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided June 14, 1979.

Attorney(s) appearing for the Case

Alan M. Gelb and Philip S. Kaufman for Finley, Kumble, Wagner, Heine & Underberg, defendant and third-party plaintiff-appellant, and Charles M. McCaghey and Joseph M. Burke for Theodore J. Greene, defendant and third-party plaintiff-appellant.

Samuel N. Greenspoon and Richard E. Hahn for respondent.

Judges JASEN, GABRIELLI and FUCHSBERG concur with Chief Judge COOKE; Judge JONES concurs in result in a separate opinion in which Judge WACHTLER concurs.

Chief Judge COOKE.

The issue presented for review is whether plaintiff's counsel, the law firm of Eaton, Van Winkle, Greenspoon & Grutman, should be disqualified because two of the members of the firm were formerly partners in defendant law firm, Finley, Kumble, Wagner, Heine & Underberg. For divers reasons the Eaton firm should be disqualified.

In the action underlying this controversy, plaintiff...

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