81 A.D.2d 783 | N.Y. App. Div. | 1981
— Order, Supreme Court, New York County, entered January 2, 1981, unanimously reversed, on the law and the facts and in the exercise of discretion, with costs, and the motion to disqualify plaintiffs’ attorneys is denied. Defendant-respondent, an individual being sued in connection with an aborted joint venture, has claimed that, by reason of prior professional relationship with a member of the law firm presently representing plaintiff-appellant in this suit, that firm is disqualified from employment in this case. “In such a proceeding the burden is upon the one seeking disqualification of the adversary attorney because of the strong public policy to allow persons to retain counsel of their choice [citation] and because in many cases, as here, disqualification of counsel would cause severe prejudice to the client, who would have to secure new counsel to deal with somewhat complex litigation with the accompanying increased expense and loss of time.” (Young v Oak Crest Park, 75 AD2d 956, 957.)
