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JUSTINIAN CAPITAL SPC v. WESTLB AG, NEW YORK BRANCH

6438N, 600975/10

90 A.D.3d 585 (2011)

934 N.Y.S.2d 807

2011 NY Slip Op 9541

JUSTINIAN CAPITAL SPC, for and on Behalf of BLUE HERON SEGREGATED PORTFOLIO, Appellant, v. WESTLB AG, NEW YORK BRANCH, et al., Respondents.

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

Decided December 27, 2011.

The motion court providently exercised its discretion in granting the motion (see Decana Inc. v Contogouris, 27 A.D.3d 207 [2006]). In Bank Hapoalim B.M. v WestLB AG (82 A.D.3d 433 [2011]), we affirmed the disqualification of Reed Smith as counsel for the plaintiffs, including the plaintiff in this action, in a suit claiming that defendants had engaged in negligent and fraudulent conduct...

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