Tenant's Attorney Not Disqualified

June 30, 2004

LVT Number: 17394

Landlord sued tenant for nonpayment of rent. Landlord asked the court to disqualify tenant's attorney. Tenant's attorney had previously represented landlord in an eviction case against another tenant. The court ruled against landlord. The current case wasn't substantially related to the prior one. And there was no proof that tenant's attorney would use any of landlord's confidences or secrets in representing tenant.

Landlord sued tenant for nonpayment of rent. Landlord asked the court to disqualify tenant's attorney. Tenant's attorney had previously represented landlord in an eviction case against another tenant. The court ruled against landlord. The current case wasn't substantially related to the prior one. And there was no proof that tenant's attorney would use any of landlord's confidences or secrets in representing tenant.

Schertz v. Jenkins: NYLJ, 6/2/04, p. 19, col. 1 (Civ. Ct. Kings; Battaglia, J)

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