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CITY & COUNTY PAVING CORP. v. TITAN CONCRETE, INC.

9625N, 24108/18E.

173 A.D.3d 518 (2019)

100 N.Y.S.3d 510

2019 NY Slip Op 04776

City & County Paving Corp., Respondent, v. Titan Concrete, Inc., Appellant.

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

Decided June 13, 2019.

Plaintiff's counsel represented defendant at the time that he commenced this action against defendant on plaintiff's behalf. Thus, the conflict of interest arose at that time and must be assessed as of that time (see Rules of Professional Conduct [22 NYCRR 1200.0] rule 1.7[a][1]; George Co., LLC v IAC/Interactive Corp., 2017 NY Slip Op 30676[U], *7 [Sup Ct, NY County 2017]; Vinokur v Raghunandan, 27 Misc.3d 1239[A], 2010 NY Slip Op 51108[U], *3 [Sup Ct...

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