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MARCUS BORG ROSENBERG & DIAMOND v. GILBERT, SEGALL & YOUNG, L.L.P.

280 A.D.2d 261 (2001)

719 N.Y.S.2d 855

MARCUS BORG ROSENBERG & DIAMOND, Plaintiff, v. GILBERT, SEGALL & YOUNG, L. L. P., Defendant and Third-Party Plaintiff-Respondent. OMABUILD CORPORATION, Third-Party Defendant-Appellant. GILBERT, SEGALL & YOUNG, L. L. P., Fourth-Party Plaintiff-Respondent, v. LINDENBAUM & YOUNG, Fourth-Party Defendant, and DAVID M. RICHMAN, Fourth-Party Defendant-Appellant.

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

Decided February 1, 2001.

The present record is not sufficiently developed to permit determination of whether Richman has a genuine conflict-of-interest in representing Omabuild herein by reason of the fourth-party action against him, seeking contribution in the event Omabuild prevails on its legal malpractice counterclaim, and, if so, whether Omabuild has validly consented to be represented by Richman nonetheless (see, Code of Professional Responsibility DR 5-101 [22 NYCRR 1200.20]). We therefore...

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