Fourth Department - Motion to disqualify: Consumer Beverages Inc. v. Kavcon Development LLC

Daily Record Staff//July 2, 2024//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Motion to disqualify

Substantially related – Confidential information

Consumer Beverages Inc. v. Kavcon Development LLC

CA 23-00199

Appealed from Supreme Court, Erie County

Background: The defendant appealed from an order that denied its motion to disqualify the plaintiff’s attorneys from representing the plaintiff in the underlying action to recover on a demand note. It is undisputed that, at the time the demand note was issued, the plaintiff’s attorneys represented both parties.

Ruling: The Appellate Division affirmed. The court held that the defendant failed to demonstrate that the prior representation is substantially related to the present litigation. The court noted vague references to confidential information, but it does not explicitly contend that the plaintiff’s attorneys received specific confidential information substantially related to the litigation.

Torrey E. Grenda, of Colucci & Gallaher, for the defendant-appellant; James P. Milbrand, of Barclay Damon, for the plaintiff-respondent.

Oral argument video