Moccia v. Weisfogel, 253 AD 2d 800 - NY: Appellate Div., 2nd Dept. 1998
Nancy Moccia et al., Appellants,
v.
Esther Weisfogel et al., Respondents
Appellate Division of the Supreme Court of the State of New York, Second Department.
Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.
Ordered that the order is affirmed, with costs.
801*801Since the defendants established the existence of a prior attorney-client relationship, and that the former and current representation are both adverse and substantially related, the Supreme Court did not improvidently exercise its discretion in disqualifying the plaintiffs' law firm from further representation of the plaintiffs (see, Solow v Grace & Co., 83 N.Y.2d 303, 308; Mondello v Mondello, 118 AD2d 549; Schmidt v Magnetic Head Corp., 101 AD2d 268).
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