Same Attorney Can't Represent Tenant and Subtenant

LVT Number: 11489

(Decision submitted by Sabrina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant hospital for nonprimary residence. One attorney appeared in court to represent tenant hospital and subtenant nurse who occupied apartment. Landlord asked the court to disqualify the attorney from representing both the hospital and subtenant. The court ruled for landlord, finding that there could be the appearance of a conflict since tenant and subtenant could possibly take different legal positions in the case.

(Decision submitted by Sabrina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant hospital for nonprimary residence. One attorney appeared in court to represent tenant hospital and subtenant nurse who occupied apartment. Landlord asked the court to disqualify the attorney from representing both the hospital and subtenant. The court ruled for landlord, finding that there could be the appearance of a conflict since tenant and subtenant could possibly take different legal positions in the case.

Lother v. Lenox Hill Hospital: Index No. 105576/96 (2/5/97) (Civ. Ct. NY; Strauss, J) [1-page document]

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