Koumantaros v. Hephaistos Developing, LLC

Summary

The Appellate Division, Second Department affirmed an order denying CDW Carpentry, Inc.'s motion to disqualify the plaintiffs' law firm from continued representation. The court held that CDW failed to provide sufficient evidence that the plaintiffs' counterclaims created differing interests requiring disqualification, and that the mere assertion of negligence counterclaims was insufficient.

Holdings

1. The assertion of counterclaims alleging negligence by two plaintiffs, without more, was insufficient to establish that the law firm's continued representation involved representing differing interests or otherwise warranted disqualification.
2. The Supreme Court providently exercised its discretion in denying CDW's motion to disqualify Sacco & Fillas, LLP.

Questions Presented

1. Whether CDW demonstrated sufficient grounds to disqualify the plaintiffs' law firm based solely on counterclaims alleging negligence by two plaintiffs.
2. Whether the Supreme Court providently exercised its discretion in denying CDW's motion to disqualify Sacco & Fillas, LLP.

Disposition

affirmed