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MOYAL v. SULLO

1618N, 157850/14.

140 A.D.3d 642 (2016)

33 N.Y.S.3d 711

2016 NY Slip Op 05102

DAVID MOYAL, Suing Individually and on Behalf of CIRCLE PRESS, INC., Plaintiff, v. JOSEPH SULLO, Appellant, and ROBERT MALTA et al., Respondents, et al., Nominal Defendant.

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

Decided June 28, 2016.

The motion court providently exercised its discretion by disqualifying Trachtenberg (see generally Ferolito v Vultaggio, 99 A.D.3d 19, 27 [1st Dept 2012]). The former joint representation of Malta and Sullo and the present litigation are substantially related and the interests of Malta and Sullo are materially adverse in this action (see Tekni-Plex, Inc. v Meyner & Landis, 89 N.Y.2d 123

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