SCHWARTZ v. GUTERMAN


109 Misc.2d 1004 (1981)

Bernard L. Schwartz, Plaintiff, v. Gerald Guterman et al., Defendants.

Supreme Court, Special Term, New York County.

July 16, 1981


Attorney(s) appearing for the Case

Willkie Farr & Gallagher for plaintiff. Parker Chapin Flattau & Klimpl for defendants.


FELICE K. SHEA, J.

The principal issue presented by this motion to disqualify counsel is whether, in a suit brought by a limited partner against a general partner and the partnership, the two defendants may be represented by the same attorney.

Plaintiff moves for an order pursuant to CPLR 321 (subd [b]) striking the appearance of defendants' attorneys, Parker Chapin Flattau and Klimpl, and for a protective order pursuant to CPLR 3103 (subd [a...

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