HF MGT. SERVS. v. PISTONE


34 A.D.3d 82 (2006)

818 N.Y.S.2d 40

HF MANAGEMENT SERVICES LLC, Appellant, v. FRANK PISTONE et al., Respondents.

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

June 27, 2006.


Attorney(s) appearing for the Case

Proskauer Rose LLP, New York City (Steven C. Krane and David A. Lewis of counsel), for appellant.

Littler Mendelson PC, New York City (A. Michael Weber and Michael P. Pappas of counsel), for respondents.

SAXE and GONZALEZ, JJ., concur with CATTERSON, J.; ANDRIAS, J.P., and NARDELLI, J., dissent in a separate opinion by ANDRIAS, J.P.


OPINION OF THE COURT

CATTERSON, J.

In this action for breach of employee nonsolicitation agreements and unfair competition, the plaintiff, a management services company, appeals from an order that disqualified plaintiff's original litigation counsel based on the motion court's finding that a fiduciary relationship exists between an underwriter and an issuer, and that such relationship is imputed to that underwriter's due diligence counsel.

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