Hardy, Korman and Mascia Successful on Appeal

In this action to enforce a judgment against the firm’s clients, the Appellate Division, Second Department affirmed a Supreme Court order disqualifying Plaintiff’s attorney, who had previously represented the firm’s clients and their family members in two unrelated matters. The firm convinced the Second Department that a substantial risk of prejudice to defendants existed because of the confidential matters that defendants had disclosed to Plaintiff’s attorney combined with the nature of the relationship between Plaintiff’s counsel and the defendants.  Due to this substantial risk of prejudice, the Court agreed that the very appearance of a conflict of interest warranted disqualification.