BOOTH v. CONT'L INS CO


167 Misc.2d 429 (1995)

634 N.Y.S.2d 650

Charles C. Booth, Plaintiff, v. Continental Insurance Company et al., Defendants.

Supreme Court, Westchester County.

October 20, 1995


Attorney(s) appearing for the Case

Goldberg & Marin, New York City, for plaintiff. Simpson, Thacher & Bartlett, New York City, for Continental Insurance Company and another, defendants.


JOAN B. LEFKOWITZ, J.

In a declaratory judgment action, plaintiff moves for an order disqualifying defense counsel from representing the insurer and the named insured. Plaintiff contends that defense counsel is representing adverse interests in violation of public policy as set forth in the Code of Professional Responsibility. Defense counsel sought to be disqualified argues that there is no conflict of interest...

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