Gabel v. Gabel
Cases that cite this one
9 later published cases cite this decision.
- Cohen v. Cohen (Appellate Division of the Supreme Court of New York 2015)
- 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)
- T.I. v. R.I. (New York Supreme Court, Kings County 2025)
- T.I. v. R.I. (New York Supreme Court, Kings County 2025)
- Matter of Singh v. Singh (Appellate Division of the Supreme Court of New York 2025)
- People v. Addimando (Appellate Division of the Supreme Court of New York 2021)
- Gjoni v. Swan Club, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Mediaceja v. Davidov (Appellate Division of the Supreme Court of New York 2014)
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 this action, the defendant moved to disqualify the plaintiffs counsel on the ground that counsel had previously represented the defendant in connection with her formation of a corporation. The Supreme Court granted the motion.
“[A] party seeking disqualification of its adversary’s lawyer must prove: (1) the existence of a prior attorney-client relationship between the moving party and opposing counsel, (2) that the matters involved in both representations are substantially related, and (3) that the interests of the present client and former client are materially adverse” (Tekni-Plex, Inc. v Meyner & Landis, 89 NY2d 123, 131 [1996]; see Falk v Chittenden, 11 NY3d 73, 78 [2008]; Solow v Grace & Co., 83 NY2d 303, 308 [1994]). Due to the “significant competing interests inherent in
Here, the defendant failed to show that the prior representation was substantially related to the current representation. Specifically, the defendant did not argue, and there are no facts in the record to support a finding, that the prior representation concerned any confidential information regarding the value of the corporation (see Business Corporation Law §§ 402, 403) or that the attorney was provided with any information that is not contained in the corporate filing itself. Further, the defendant refused to provide the plaintiff with discovery concerning the corporation, contending that the corporation was “closed” and that the defendant never realized any profits from it. Under the particular circumstances of this case, there is nothing to suggest an appearance of impropriety concerning the attorney’s representation of the plaintiff in the divorce action and, therefore, the defendant’s motion for disqualification should have been denied (see Matter of Homola, 234 AD2d 295, 295-296 [1996]; see also Bloom v St. Paul Travelers Cos., Inc., 24 AD3d 584, 585 [2005]). Skelos, J.P., Balkin, Dickerson and Hinds-Radix, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.