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WOODSON v. MENDON LEASING CORP.

253 A.D.2d 669 (1998)

677 N.Y.S.2d 568

Zachary Woodson, an Infant, by His Mother and Natural Guardian, Tracy Woodson, et al., Respondents, v. Mendon Leasing Corp. et al., Defendants. Berger Stern & Webb, L.L.P., Nonparty Appellant

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

September 22, 1998

The motion court properly granted the motion for disqualification based on a conflict of interest. Counsel to defendant Mendon Leasing, the lessor of the truck involved in the accident in which the infant plaintiff was injured, had in a separate action relating to the same accident previously represented John Densby, the driver of the truck involved in the accident. Since Mendon's interests in the litigation arising from the accident are in material respects adverse to those...

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