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SIROTY v. NELSON

200 A.D.2d 617 (1994)

606 N.Y.S.2d 728

William C. Siroty, Plaintiff, v. Richard F. Nelson et al., Defendants, and United States Fidelity and Guaranty Company, Defendant and Third-Party Plaintiff-Respondent. Long Island Trust Company, Third-Party Defendant-Appellant. (Action No. 1.) Milton Mason, Plaintiff, v. William Siroty et al., Defendants, United States Fidelity and Guaranty Company, Respondent, and Long Island Trust Company, Appellant. (Action No. 2.)

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

January 18, 1994

Ordered that the order is affirmed, with costs.

The Bank of New York contends that Cusack & Stiles should be disqualified as counsel for United States Fidelity and Guaranty Company (hereinafter USF&G) because Cusack & Stiles was simultaneously representing the Bank of New York in Rosenberg v Bank of N. Y., pending in the Supreme Court, New York County, Index No. 2065791, while prosecuting a claim on behalf of USF&G against the Bank of New York...

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