Novikoff and Hardy Obtain Order Disqualifying Attorney and Vacating Restraining NoticeApril 3, 2017 |
Kenneth A. Novikoff and Tamika N. Hardy obtained an order on behalf of clients, the Halperts, who are judgment-debtors, disqualifying their former lawyer from representing the judgment-creditor in a judgment enforcement action as well as vacating a wrongfully-issued restraining notice against the Halperts’ daughter’s bank account. The judgment debtors and the judgment creditor were previously involved in a joint venture that led to litigation between the parties and a judgment against the Halperts, which they are currently appealing in Connecticut.
While the enforcement action is not substantially related to the case involving the prior counsel’s representation of the Halperts, the Court found that the Halperts established that the prior counsel was privy to confidential information that could be used adversely against them in his attempts to satisfy his current client’s judgment and that the appearance of impropriety warranted disqualification. Wiederman v. Halpert, Kings County Index No.: 4057/2016.View Decision