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GABRI v. COUNTY OF NIAGARA

127 Misc.2d 623 (1985)

Robert A. Gabri et al., Plaintiffs, v. County of Niagara et al., Defendants.

Supreme Court, Niagara County.

March 14, 1985

Attorney(s) appearing for the Case

Siegel & Burgio (Louis H. Siegel and James P. Burgio of counsel), for Cindy Gabri. Walsh, Roberts & Grace (Gerald Grace, Jr., of counsel), for Robert A. Gabri. Maghran, McCarthy & Flynn (Irving C. Maghran of counsel), for County of Niagara. Saperston, Day, Lustig, Gallick, Kirschner & Gaglione, P. C. (Benjamin J. Andrews, Jr., of counsel), for Town of Pendleton. Kiebala & Rubin (Stuart B. Shapiro of counsel), for Robert A. Gabri.

THOMAS P. FLAHERTY, J.

This motion to discontinue counterclaims presents the separate question of whether an attorney can represent both the driver and his passenger in connection with an automobile accident. Discontinuance is granted on the conditions set forth in the order hereon and counsel, who initially represented both the driver and his passenger but now represents only the passenger, is directed to withdraw from the representation of the passenger...

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