Attorney in Landlord's Firm Previously Represented Occupant

Landlord sued to evict apartment occupant, claiming that she was a licensee or squatter of tenant who had moved out. Occupant claimed that there was an illusory tenant. Occupant was represented by an attorney. After six months, and before trial, occupant's attorney went to work for the law firm representing landlord. Occupant claimed that there was a conflict of interest and asked the court to bar landlord's firm from continuing to represent landlord. Landlord's attorneys claimed that there was no conflict because there were 40 attorneys in their firm and occupant's former attorney wasn't working on this case. The court ruled for occupant. Landlord appealed and lost. The rules governing attorney conduct state that an attorney who has represented someone may not then represent the other side in the same case. The possibility of occupant's former attorney sharing information with landlord's attorneys was too great to permit landlord's attorneys to continue to represent landlord.

19 W. 36th St. Holding Corp. v. Hirsch: NYLJ, 7/3/02, p. 21, col. 6 (App. T.1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)