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NATIONWIDE ASSOCIATES, INC. v. TARGEE STREET INTERNAL MEDICINE GROUP

303 A.D.2d 728 (2003)

758 N.Y.S.2d 108

NATIONWIDE ASSOCIATES, INC., Appellant, v. TARGEE STREET INTERNAL MEDICINE GROUP, P.C., PROFIT SHARING TRUST et al., Respondents, et al., Defendants. (And Other Titles.)

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

Decided March 31, 2003.

Ordered that the order is affirmed, with costs.

The disqualification of an attorney is a matter that rests within the sound discretion of the court (see Horn v Municipal Information Servs., 282 A.D.2d 712 [2001]). A party seeking disqualification of an adversary's lawyer under Code of Professional Responsibility DR 5-108 (a) (1) (22 NYCRR 1200.27 [a] [1]) must prove "(1) the existence of a prior attorney-client relationship...

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