Landlord's Attorney Not Disqualified

Facts: Landlord sued to evict tenant for illegal drug activity in her apartment after tenant and her boyfriend were arrested there. Landlord's case was based on information received from the district attorney's office. At some point, tenant had discussed a domestic violence incident with an assistant district attorney (ADA). Tenant told the ADA that she had an attorney but wouldn't tell the ADA who it was. When the eviction case went to trial, tenant asked the court to bar landlord from presenting evidence the ADA got from her after she told him she had an attorney. Tenant also asked the court to disqualify landlord's attorney from appearing in the case. Court: Tenant loses. The ADA wasn't on notice that tenant had an attorney and was questioning her on another matter. And the ADA wasn't acting as landlord's attorney. There was no basis for disqualification of landlord's attorney.

E. Harlem Pilot Block Bldg. No. 4 HDFC Inc. v. Dandy: NYLJ, 5/7/03, p. 20, col. 6 (Civ. Ct. NY; McClanahan, J)