Thompson, Coreen N. v. Peters, Joan

Summary

The New York Appellate Division, Fourth Department, affirmed an order denying Joan Peters’s motion to disqualify the petitioner’s attorney and stay proceedings in an estate matter. Although the court found that Peters established a prior attorney-client relationship, substantial relatedness, and materially adverse interests, it held that she waived any objection by waiting approximately one year while actively participating in the litigation. The court concluded that the motion was an offensive tactical measure and affirmed without costs.

Holdings

1. Respondent waived her objection to the attorney's representation because she knew or should have known of the alleged conflict for an extended period, actively participated in the litigation for more than a year, and delayed moving for disqualification until the motion could provide a tactical advantage.

Questions Presented

1. Whether respondent waived her objection to petitioner's attorney representing petitioner by knowingly delaying her motion to disqualify while actively participating in the litigation.
2. Whether the Surrogate's Court properly denied respondent's motion to disqualify petitioner's attorney and his law firm.

Disposition

affirmed