Appellate Division of the Supreme Court of New York, 2011

Warshaw Burstein Cohen Schlesinger & Kuh, LLP v. Longmire

Appellate Division of the Supreme Court of New York · Decided March 22, 2011

82 A.D.3d 586; 920 N.Y.2d 23

Cases that cite this one

5 later published cases cite this decision.

S.G. v. New York City Health & Hosps. Corp. (Appellate Division of the Supreme Court of New York 2026)
Matter of Ehrlich v. Wolf (Appellate Division of the Supreme Court of New York 2015)
Law Offices of Frishberg v. Toman (Appellate Division of the Supreme Court of New York 2013)
Law Offices of Frishberg v. Toman (Appellate Division of the Supreme Court of New York 2013)
Gardner v. City University of New York (N.Y. Ct. Cl. 2013)

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

Plaintiff law firm demonstrated that defendant’s counsel played a vital role in the final settlement negotiations flowing from a settlement offer that plaintiff had allegedly previously procured and that defendant client later accepted, that the negotiations were an important part of the underlying dispute, that defendant’s counsel was likely to be a key witness at trial, and that his proposed testimony would be adverse to his client’s interests (see Sokolow, Dunaud, Mercadier & Carreras v Lacher, 299 AD2d 64, 75-76 [2002]; Martinez v Suozzi, 186 AD2d 378 [1992]).

While plaintiff improperly submitted the affirmation, rather than affidavit, of a partner (see CPLR 2106), under the circum*587stances, “this defect was merely a technical procedural irregularity which did not prejudice the defendant” (see Board of Mgrs. of Ocean Terrace Towne House Condominium v Lent, 148 AD2d 408, 409 [1989], lv denied 75 NY2d 702 [1989]; see CPLR 2001). Concur — Tom, J.E, Andrias, Sweeny, Moskowitz and Renwick, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.