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MIDWOOD CHAYIM ARUCHIM DIALYSIS ASSOCIATES, INC. v. BROOKLYN DIALYSIS, LLC

2009-11852.

82 A.D.3d 1177 (2011)

919 N.Y.S.2d 397

MIDWOOD CHAYIM ARUCHIM DIALYSIS ASSOCIATES, INC., Appellant, v. BROOKLYN DIALYSIS, LLC, Respondent.

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

Decided March 29, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

"The basis of a disqualification motion is an allegation of a breach of a fiduciary duty owed by an attorney to a current or former client" (Rowley v Waterfront Airways, 113 A.D.2d 926, 927 [1985]; see Matter of Kelly, 23 N.Y.2d 368, 375-376 [1968]; Ogilvie v McDonald's Corp., 

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