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MATTER OF ESSEX EQUITY HOLDINGS USA, LLC

600995/2010

29 Misc.3d 371 (2010)

909 N.Y.S.2d 285

In the Matter of the Arbitration between ESSEX EQUITY HOLDINGS USA, LLC, Formerly Known as MAHER TERMINALS HOLDINGS CORP., et al., Claimants, and LEHMAN BROTHERS, INC., et al., Respondents. JEFFREY L. CHERNICK et al., Petitioners. ESSEX EQUITY HOLDINGS USA, LLC, Formerly Known as MAHER TERMINALS HOLDINGS CORP., et al., Respondents.

Supreme Court, New York County.

Decided June 10, 2010.

Attorney(s) appearing for the Case

Krebsbach & Snyder, P.C., New York City ( Barry S. Gold , Theodore A. Krebsbach and Theodore R. Snyder of counsel), for petitioners.

Law Offices of Michael S. Ross, New York City ( Michael S. Ross of counsel), for Essex Equity Holdings USA, LLC and others, respondents.

OPINION OF THE COURT

JAMES A. YATES, J.

In 1999, the New York Court of Appeals held, in Kassis v Teacher's Ins. & Annuity Assn. (93 N.Y.2d 611 [1999]), that screening was ineffectual to save a law firm from disqualification when an attorney "side-switches," i.e., begins employment with the law firm after having worked for an adversary on the same matter, and when that attorney had acquired significant and material...

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