Roddy v. Nederlander Producing Co. of America, Inc.
Opinion of the Court
Order, Supreme Court, New York County (Louis B. York, J.), entered December 9, 2011, which denied third-party defendant Abhann Productions, Inc.’s (Abhann) motion to disqualify the Law Offices of Charles J. Siegel (the Siegel Firm) from representing defendants Nederlander Producing Company of America, Inc. (Nederlander) and the Gershwin Theatre (Gershwin), unanimously modified, on the law, to grant the motion insofar as it seeks disqualification of the Siegel Firm from the continued representation of Gershwin, and otherwise affirmed, without costs.
Supreme Court correctly noted that a potential for a conflict exists resulting from the Siegel Firm’s joint representation of both Gershwin and Nederlander, as each defendant has a competing interest in minimizing its proportional share of the damages. An attorney “ ‘may not place himself in a position where a conflicting interest may, even inadvertently, affect, or give the appearance of affecting, the obligations of the professional relationship’ ” (Flores v Willard J. Price Assoc., LLC, 20 AD3d 343, 344 [2005], quoting Matter of Kelly, 23 NY2d 368, 376 [1968]), and “ ‘doubts as to the existence of a conflict of interest must be resolved in favor of disqualification’ ” (Justinian Capital SPC v WestLB AG, N.Y. Branch, 90 AD3d 585, 585 [2011], quoting Rose Ocko Found. v Liebovitz, 155 AD2d 426, 428 [1989]).
However, the court denied the motion on the ground that
To the extent Abhann argues that the Siegel Firm should also be disqualified from representing Nederlander on the ground that the Siegel Firm had obtained confidential information from Gershwin during its representation thus far, Abhann has failed to identify what confidential information would have been imparted to the firm so as to warrant such disqualification (see Pellegrino v Oppenheimer & Co., Inc., 49 AD3d 94, 98, 100 [2008]). Concur — Saxe, J.P., Catterson, Acosta, DeGrasse and Richter, JJ.
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