Appellate Division of the Supreme Court of New York, 1998

Moccia v. Weisfogel

Appellate Division of the Supreme Court of New York · Decided September 21, 1998

253 A.D.2d 800; 677 N.Y.S.2d 503; 1998 N.Y. App. Div. LEXIS 9576

Cases that cite this one

4 later published cases cite this decision.

Town of Oyster Bay v. 55 Motor Avenue Co. (Appellate Division of the Supreme Court of New York 2013)
Town of Oyster Bay v. 55 Motor Avenue Co. (Appellate Division of the Supreme Court of New York 2013)
Astor Rhinebeck Associates, LLC v. Town of Rhinebeck (Appellate Division of the Supreme Court of New York 2011)
Bloom v. St. Paul Travelers Companies (Appellate Division of the Supreme Court of New York 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Ain, J.), dated September 23, 1997, which granted the defendants’ motion to disqualify their attorney.

Ordered that the order is affirmed, with costs.

*801Since the defendants established the existence of a prior attorney-client relationship, and that the former and current representation are both adverse and substantially related, the Supreme Court did not improvidently exercise its discretion in disqualifying the plaintiffs’ law firm from further representation of the plaintiffs (see, Solow v Grace & Co., 83 NY2d 303, 308; Mondello v Mondello, 118 AD2d 549; Schmidt v Magnetic Head Corp., 101 AD2d 268). Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.