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KUBERZIG v. ADVANCED DERMATOLOGY, P. C.

260 A.D.2d 548 (1999)

688 N.Y.S.2d 596

MICHAEL B. KUBERZIG, Respondent, v. ADVANCED DERMATOLOGY, P. C., et al., Appellants, et al., Defendant.

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

Decided April 19, 1999.

Ordered that the order is affirmed, with costs.

The appellants moved to disqualify the plaintiff's counsel, John J. Brant, Jr., on the ground that Brant was a former associate of a law firm which had represented the appellants Joshua L. Fox and Advanced Dermatology, P. C., in a prior medical malpractice action. An attorney will be disqualified where the party seeking the disqualification meets its burden by establishing a substantial relationship between the issues...

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