Order, Supreme Court, New York County (Bernard J. Fried, J.), entered February 22, 2006, which granted defendant’s motion to disqualify plaintiff’s counsel, unanimously affirmed, with costs.
Defendant is an investment fund organized under the laws of the Cayman Islands. Evidence in the record established that an attorney with the firm representing plaintiff had previously performed substantial work, at a prior law firm, on defendant’s formation and its relationship with several affiliated entities, as well as on investment issues. Plaintiff, who invested in one of these affiliated entities through defendant, alleges that the latter’s contested capital call was belated, according to purportedly unambiguous language in its articles of association and subscription agreement. However, these articles did allow for collection of accrued expenses and fees even as part of a belated capital
We have considered plaintiffs remaining contentions and find them without merit. Concur—Tom, J.P, Andrias, Friedman, Marlow and Gonzalez, JJ. [See 11 Misc 3d 1054(A), 2006 NY Slip Op 50206(11) (2006).]
