CORBELLI v. GEN. ACCIDENT INS. CO. OF AM.


198 A.D.2d 760 (1993)

604 N.Y.S.2d 402

John Corbelli et al., as Co-executors of Emilia Corbelli, Deceased, Plaintiffs, v. General Accident Insurance Company of America, Respondent and Third-Party Plaintiff-Respondent. Smith & Reddy, Formerly Known as Bayer & Smith, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 19, 1993


Order unanimously affirmed with costs.

Memorandum:

The motion of third-party defendant, Smith & Reddy, to disqualify defendant-third-party plaintiff's counsel, the law firm of Saperston & Day, P. C., was properly denied. Code of Professional Responsibility DR 5-108 (A) (1) (22 NYCRR 1200.27 [a] [1]) provides that, except with consent and after full disclosure, a lawyer "who has represented the former client in a matter shall not * * * represent another...

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