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CNY MECH. ASSOCS., INC. v. FID. & GUAR. INS. CO.

229 A.D.2d 950 (1996)

646 N.Y.S.2d 483

CNY Mechanical Associates, Inc., Respondent, v. Fidelity and Guaranty Insurance Company, Appellant

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

July 12, 1996

Order unanimously reversed on the law with costs and motion denied.

Memorandum:

Supreme Court erred in disqualifying J. William Ernstrom and the law firm of Ernstrom & Dreste from representing defendant. "A party seeking to disqualify an attorney or a law firm, must establish (1) the existence of a prior attorney-client relationship and (2) that the former and current representations are both adverse and substantially...

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