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Bidermann Industries Licensing v. Avmar

Appellate Division of the Supreme Court of New York, First Department
May 28, 1991
173 A.D.2d 401 (N.Y. App. Div. 1991)

Summary

holding that state courts can disqualify counsel in an arbitration

Summary of this case from Orthwestern National Insurance Company v. Insco

Opinion

May 28, 1991

Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).


In this dispute concerning certain licensing agreements, respondents have sought to disqualify Bidermann Industries' attorneys on grounds that the attorneys ought to be called as witnesses due to their involvement in the underlying events and that the attorneys received confidential information pertaining to respondent Lagerfeld in the course of representing him in a related 1985 transaction. The Supreme Court properly stayed arbitration of the disqualification issue, as such matter is intertwined with overriding public policy considerations (Matter of Aimcee Wholesale Corp. [Tomar Prods.], 21 N.Y.2d 621; Garrity v Lyle Stuart, Inc., 40 N.Y.2d 354; Matter of Sprinzen [Nomberg], 46 N.Y.2d 623, 630-632). We have held matters of attorney discipline are beyond the jurisdiction of arbitrators (Matter of Erdheim [Selkowe], 51 A.D.2d 705). Issues of attorney disqualification similarly involve interpretation and application of the Code of Professional Responsibility and Disciplinary Rules, as well as the potential deprivation of counsel of the client's choosing (Matter of Abrams [John Anonymous], 62 N.Y.2d 183, 196; S S Hotel Ventures Ltd. Partnership v 777 S.H. Corp., 69 N.Y.2d 437, 443), and cannot be left to the determination of arbitrators selected by the parties themselves for their expertise in the particular industries engaged in.

Concur — Ellerin, J.P., Wallach, Kupferman, Asch and Kassal, JJ.


Summaries of

Bidermann Industries Licensing v. Avmar

Appellate Division of the Supreme Court of New York, First Department
May 28, 1991
173 A.D.2d 401 (N.Y. App. Div. 1991)

holding that state courts can disqualify counsel in an arbitration

Summary of this case from Orthwestern National Insurance Company v. Insco

holding that state courts can disqualify counsel in an arbitration

Summary of this case from Northwestern Nat'l Ins. Co. v. Insco, Ltd.

In Bidermann Industries Licensing, Inc. v. Aumar N.V., 570 N.Y.S.2d 33, 173 App.Div.2d 401 (1st Dep't, 1991), the court granted a motion to stay arbitration of the issue of disqualification of counsel because the matter is intertwined with overriding public policy considerations.

Summary of this case from Canaan Venture Partners v. Salzman
Case details for

Bidermann Industries Licensing v. Avmar

Case Details

Full title:BIDERMANN INDUSTRIES LICENSING, INC., et al., Respondents, v. AVMAR N.V…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 28, 1991

Citations

173 A.D.2d 401 (N.Y. App. Div. 1991)
570 N.Y.S.2d 33

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