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EDELSON v. POUGHKEEPSIE IRON & METAL CO., INC.

262 A.D.2d 445 (1999)

691 N.Y.S.2d 323

ROBERT EDELSON, Respondent, v. POUGHKEEPSIE IRON & METAL CO., INC., Appellant.

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

Decided June 14, 1999.

Ordered that the order is affirmed, with costs.

"Under DR 5-108 (A) (1), a party seeking disqualification of its adversary's lawyer must prove: (1) the existence of a prior attorney-client relationship between the moving party and opposing counsel, (2) that the matters involved in both representations are substantially related, and (3) that the interests of the present client and former client are materially adverse" (Tekni-Plex, Inc. v Meyner & Landis,

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