Disqualification Under Attorney-Witness Rule Not Required When Neither Party Intends to Call the Attorney as a Witness
Commercial Case Notes / Law Firms and Professional Ethics

Disqualification Under Attorney-Witness Rule Not Required When Neither Party Intends to Call the Attorney as a Witness

On November 24, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Bapaz NYC W. 46 St Group LLC v ASSA Props. Inc., 2025 NY Slip Op. 34497(U), holding that disqualification under the attorney-witness rule was not required when neither party intended to call the attorney as a witness . . . Continue reading Disqualification Under Attorney-Witness Rule Not Required When Neither Party Intends to Call the Attorney as a Witness

Judiciary Law Section 487 Claim Must Be Brought Against Counsel, Not Client
Commercial Case Notes / Law Firms and Professional Ethics / Sanctions

Judiciary Law Section 487 Claim Must Be Brought Against Counsel, Not Client

On October 15, 2025, Justice Patel of the New York County Commercial Division issued a decision in Jfurti, LLC v. Mintz, Levin, Cohn, Ferris, Glovky & Popeo, P.C., 2025 NY Slip Op. 33977(U), dismissing a Judiciary Law Section 487 claim because it was brought against the client, not its counsel . . . Continue reading Judiciary Law Section 487 Claim Must Be Brought Against Counsel, Not Client

Counsel Allowed to Withdraw Based on Breakdown of Relationship With Client
Commercial Case Notes / Law Firms and Professional Ethics

Counsel Allowed to Withdraw Based on Breakdown of Relationship With Client

On September 26, 2025, Justice Reed of the New York County Commercial Division issued a decision in Concordance Healthcare Solutions LLC v. Kori Capital Inc., 2025 NY Slip Op. 51529(U), allowing counsel to withdraw from a representation based on a breakdown of its relationship with the client . . . Continue reading Counsel Allowed to Withdraw Based on Breakdown of Relationship With Client

Counsel Disqualification Denied for Failure to Show Current Representation of Prior Representation in a Related Matter
Commercial Case Notes / Law Firms and Professional Ethics

Counsel Disqualification Denied for Failure to Show Current Representation of Prior Representation in a Related Matter

On July 9, 2025, Justice Borrok of the New York County Commercial Division issued a decision in AT&T Mobility LLC v. Harman Connected Servs., Inc., 2025 NY Slip Op. 32617(U), denying a motion to disqualify counsel for failure to show either current representation or prior representation in a related matter . . . Continue reading Counsel Disqualification Denied for Failure to Show Current Representation of Prior Representation in a Related Matter

LLCs Allowed to Assign Claims to Disbarred Attorney Who Could Then Litigate Them Pro Se
Commercial Case Notes / Law Firms and Professional Ethics

LLCs Allowed to Assign Claims to Disbarred Attorney Who Could Then Litigate Them Pro Se

On April 29, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Allyn v. Wings Air Helicopters, LLC, 2025 NY Slip Op. 50707(U), allowing LLCs to assign their claims to a disbarred lawyer and then allowing the lawyer to pursue the claims pro se . . . Continue reading LLCs Allowed to Assign Claims to Disbarred Attorney Who Could Then Litigate Them Pro Se