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Mh Residential 1, LLC, Mh Residential 2, LLC and Mh, Commercial LLC, As Tenants In Common v. John Barrett and Michael Barrett

New York Supreme and/or Appellate Courts APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


December 28, 2011

MH RESIDENTIAL 1, LLC, MH RESIDENTIAL 2, LLC AND MH, COMMERCIAL LLC, AS TENANTS IN COMMON,
PETITIONER-LANDLORD-APPELLANT,
v.
JOHN BARRETT AND MICHAEL BARRETT,
RESPONDENTS-TENANTS-RESPONDENTS,
AND
"JOHN DOE" AND "JANE DOE,"
RESPONDENTS-UNDERTENANTS.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated June 16, 2011, which granted tenants' motion to disqualify landlord's counsel in consolidated holdover summary proceedings.

Per curiam.

MH Residential 1, LLC v Barrett

Decided on December 28, 2011

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: Lowe, III, P.J., Shulman, Torres, JJ

Order (Brenda S. Spears, J.), dated June 16, 2011, reversed, with $10 costs, and tenants' motion to disqualify landlord's counsel denied.

The grant of tenants' midtrial motion to disqualify landlord's counsel was unwarranted. Tenants failed to show a substantial relationship between the narrow issues remaining in this litigation and those presented in the earlier case, or identify the nature and substance of the confidential information and its potential relevance to the present litigation (see Pellegrino v Oppenheimer & Co., Inc., 49 AD3d 94, 98 [2008]; Yasuda Trust & Banking Co. v 250 Church Assoc., 206 AD2d 259, 260 [1994).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 28, 2011

20111228

© 1992-2011 VersusLaw Inc.



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