Landlord's Attorney Represented Tenant in Prior Case

September 30, 2005

LVT Number: 18357

(Decision submitted by Robin LoGuidice of the Manhattan law firm of Grimble & LoGuidice, LLC, attorneys for the tenant.) Landlord sued to evict tenant for nonprimary residence, claiming that tenant lived in upstate New York. Tenant asked the court to disqualify landlord's attorney. The court ruled for tenant. Landlord's attorney represented tenant in a prior eviction case tenant had started against his former roommate and girlfriend. Although the prior case lasted just six months and was started six years earlier, the new case involved the same apartment.

(Decision submitted by Robin LoGuidice of the Manhattan law firm of Grimble & LoGuidice, LLC, attorneys for the tenant.) Landlord sued to evict tenant for nonprimary residence, claiming that tenant lived in upstate New York. Tenant asked the court to disqualify landlord's attorney. The court ruled for tenant. Landlord's attorney represented tenant in a prior eviction case tenant had started against his former roommate and girlfriend. Although the prior case lasted just six months and was started six years earlier, the new case involved the same apartment. Tenant claimed that he had told the attorney things about his living arrangement during his troubled relationship that could be used against him in landlord's case against him. A hearing wasn't needed to determine the facts, because even the appearance of impropriety warranted disqualification in this case.

42-44 W. 74th St., LLC v. Savior: NYLJ, 9/29/05, p. 19, col. 1 (Civ. Ct. NY 9/12/05; Capella, J)

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