Chemprene, Inc. v. X-Tyal International Corp.
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Knowles (N.Y. 1996)
- Rosenzweig v. Blinshteyn (Appellate Division of the Supreme Court of New York 1989)
- Nationstar Mtge., LLC v. Ghaness (Appellate Division of the Supreme Court of New York 2023)
- 801-803, LLC v. 805 Ninth Ave. Realty Group, LLC (Appellate Division of the Supreme Court of New York 2020)
- 801-803, LLC v. 805 Ninth Ave. Realty Group, LLC (Appellate Division of the Supreme Court of New York 2020)
- Lasher v. Albany Mem. Hosp. (Appellate Division of the Supreme Court of New York 2018)
- Newark v. Pimentel (Appellate Division of the Supreme Court of New York 2014)
- Newark v. Pimentel (Appellate Division of the Supreme Court of New York 2014)
- Lorne v. 50 Madison Avenue LLC (Appellate Division of the Supreme Court of New York 2011)
- Jana L. v. West 129th Street Realty Co. (Appellate Division of the Supreme Court of New York 2006)
- Russell v. City of Buffalo (Appellate Division of the Supreme Court of New York 2006)
- Koehnlein v. Jackson (Appellate Division of the Supreme Court of New York 2004)
- Ottaviano v. Genex Cooperative, Inc. (New York Supreme Court 2004)
- Ottaviano v. Genex Coop. (New York Supreme Court, Erie County 2004)
- Nossoughi v. Federated Department Stores, Inc. (New York Supreme Court 1998)
- Related Guarantee Corporate Partners, L.P. v. Dembeck (Appellate Division of the Supreme Court of New York 1996)
- Stinnett v. Sears Roebuck & Co. (Appellate Division of the Supreme Court of New York 1994)
- Boswell v. Zephyr Lines, Inc. (Mass. 1993)
- Kallivokas v. Athanasatos (Appellate Division of the Supreme Court of New York 1989)
- Canino v. Bozza (Appellate Division of the Supreme Court of New York 1988)
- Jericho Water District v. S. Zara & Sons Contracting Co. (Appellate Division of the Supreme Court of New York 1986)
- Byers v. Estate of Tudge (Appellate Division of the Supreme Court of New York 1986)
- Pizzolo v. Bove (Appellate Division of the Supreme Court of New York 1986)
- Barnes v. Barnes (Appellate Division of the Supreme Court of New York 1983)
- Early v. County of Nassau (Appellate Division of the Supreme Court of New York 1983)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified, with costs, by denying the defendant’s motion to compel plaintiff to select one attorney to represent him.
For the reasons stated by Justice Leon D. Lazer, in his partial dissent at the Appellate Division we agree that this was a matter within the discretion of the trial court and that the court did not abuse its discretion in this instance. We would note particularly that the nature of the claims involved in this case could suggest the possibility of diverse interests and a need for two attorneys. The conflicts, if any, which may arise by virtue of the representation of the plaintiff by more than one attorney of record should be resolved by the trial court during the course of the litigation. In passing upon any such conflict the factual or contractual complex out of which arises the reason for two attorneys representing one party (e.g., an insurance contract governing the relationship between insurer and insured) will be a factor for the court to consider in determining how its discretion in managing the trial should be exercised.
*902 Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler, Fuchsberg and Meyer concur; Judge Jones taking no part.
Order modified, with costs to appellant, in accordance with the memorandum herein and, as so modified, affirmed. Question certified answered in the negative.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.