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JAMAICA PUB. SERV. v. AIU INS

92 N.Y.2d 631 (1998)

707 N.E.2d 414

684 N.Y.S.2d 459

Jamaica Public Service Co. Ltd., Appellant, v. AIU Insurance Company et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 17, 1998.

Attorney(s) appearing for the Case

Mendes & Mount, L. L. P., New York City (Mark F. Bruckmann and Nicholas R. Caputo of counsel), for appellant.

Mound, Cotton & Wollan, New York City (Eugene Wollan, John Mezzacappa, Rachel J. Yosevitz and David W. Kenna of counsel), for respondents.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

Chief Judge KAYE.

At issue is the disqualification of plaintiff's law firm, Mendes & Mount, under DR 5-108 (A) (1) and (2) of the Code of Professional Responsibility. Because the trial court and Appellate Division erred in finding these provisions violated, we reverse the order mandating disqualification.

This appeal arises out of the explosion of plaintiff's boiler on June 3, 1994, resulting in ...

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