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Glover Bottled Gas Corp. v. Circle M. Beverage Barn, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1987
129 A.D.2d 678 (N.Y. App. Div. 1987)

Summary

applying code of professional responsibility to paralegal in affirming disqualification of firm

Summary of this case from Zimmerman v. Mahaska Bottling Co.

Opinion

April 20, 1987

Appeal from the Supreme Court, Suffolk County (D'Amaro, J.).


Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff sought disqualification of the defendants' attorneys on the ground of conflict of interest in violation of the Code of Professional Responsibility. The defendants' attorneys had hired a paralegal who had previously been employed by the plaintiff's counsel and had worked on the litigation pending between the parties and had interviewed the plaintiff's manager concerning the facts of this case.

While the Code of Professional Responsibility does not apply to nonlawyers, it does place a burden on attorneys to insure that their employees conduct themselves in accordance with the code (Code of Professional Responsibility, Preliminary Statement). The code has been adopted by this court to govern the conduct of attorneys within this department (see, 22 NYCRR 691.2).

Under the facts of this case disqualification of the defendants' attorneys is proper (see, Cardinale v Golinello, 43 N.Y.2d 288; Letizia v Letizia, 117 A.D.2d 587; Poli v Gara, 117 A.D.2d 786). Mangano, J.P., Bracken, Eiber and Spatt, JJ., concur.


Summaries of

Glover Bottled Gas Corp. v. Circle M. Beverage Barn, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1987
129 A.D.2d 678 (N.Y. App. Div. 1987)

applying code of professional responsibility to paralegal in affirming disqualification of firm

Summary of this case from Zimmerman v. Mahaska Bottling Co.
Case details for

Glover Bottled Gas Corp. v. Circle M. Beverage Barn, Inc.

Case Details

Full title:GLOVER BOTTLED GAS CORP., Appellant, v. CIRCLE M. BEVERAGE BARN, INC., et…

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

Date published: Apr 20, 1987

Citations

129 A.D.2d 678 (N.Y. App. Div. 1987)

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