Miguel A. Ramirez Diaz, et al. v. Edward R. Gomez, et al.

Summary

The Appellate Division, Second Department, reversed an order denying defendants’ motion to disqualify plaintiffs’ counsel in a personal-injury action arising from a rear-end automobile accident. The court held that counsel’s joint representation of the plaintiff driver and passenger plaintiffs created a conflict after defendants asserted a counterclaim against the driver, and that the record did not establish informed written consent to the potential conflict.

Holdings

1. The defendants demonstrated that Gambone's representation of the plaintiff driver and the passenger plaintiffs created a conflict of interest because the plaintiff driver's pecuniary interests conflicted with those of the passengers once the defendants asserted a counterclaim against him.
2. Under the circumstances, Gambone should be disqualified from continuing to represent any of the plaintiffs in the action.
3. The record was inadequate to establish that the plaintiffs waived the potential conflict under Rule 1.7(b) because counsel failed to submit written confirmation of informed consent.

Questions Presented

1. Whether Gambone Law Group, PLLC, had to be disqualified from representing the plaintiff driver and passenger plaintiffs because the defendants' counterclaim against the plaintiff driver created a conflict of interest.
2. Whether the plaintiffs waived the potential conflict under Rule 1.7(b) of the New York Rules of Professional Conduct.

Disposition

reversed