Appellate Division of the Supreme Court of New York, 2001

Glashow v. Linden Towers Cooperative 4, Inc.

Glashow v. Linden Towers Cooperative 4, Inc.
Appellate Division of the Supreme Court of New York · Decided November 13, 2001
288 A.D.2d 257; 732 N.Y.S.2d 593; 2001 N.Y. App. Div. LEXIS 11033
Glashow v. Linden Towers Cooperative 4, Inc.

Opinion of the Court

—In an action, inter alia, to recover damages for malicious prosecution, the defendants appeal from an order of the Supreme Court, Queens County (Milano, J.), entered February 20, 2001, which denied their motion to disqualify counsel for the plaintiffs.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants’ motion to disqualify the plaintiffs’ counsel. The defendants failed to establish that counsel had access to confidential information related to the case, or that the matters involved in the former representation and the current litigation were substantially related (see, Spano v Tawfik, 271 AD2d 522; Kuberzig v Advanced Dermatology, 260 AD2d 548). Altman, J. P., H. Miller, Feuerstein and Cozier, JJ., concur.

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