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Kids In Sports, LLC v Definitive Inc.
2012 NY Slip Op 50496(U) [34 Misc 3d 161(A)]
Decided on March 20, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 20, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
570167/11.

Kids In Sports, LLC, Plaintiff-Respondent,

against

Definitive Inc., and Definitive Inc. d/b/a Definitive Integrated Communication Solutions, Defendants-Appellants. Definitive Inc., and Definitive Inc., d/b/a Definitive Integrated Communication Solutions, Third-Party Plaintiffs-Appellants Greg Rohman and Stephen Strutt, Third-Party Defendants-Respondents.


Defendants third-party plaintiffs appeal from an order of the Civil Court of the City of New York, New York County (Debra R. Samuels, J.), entered October 22, 2010, which denied their motion to disqualify the firm of Loanzan Sheikh, LLC and Umar Sheikh, Esq. as attorneys for plaintiff and third-party defendants.


Per Curiam.

Order (Debra R. Samuels, J.), entered October 22, 2010, affirmed, without costs.

Defendants third-party plaintiffs (defendants), which were neither former nor present clients of the law firm of Loanzan Sheikh, LLC, or of Umar Sheikh, Esq., did not have standing to seek the disqualification of counsel from dual representation of plaintiff and third-party defendants (see Develop Don't Destroy Brooklyn v Empire State Dev. Corp., 31 AD3d 144, 150 [2006], lv denied 8 NY3d 802 [2007]; Hall Dickler Kent Goldstein & Wood, LLP v McCormick, 36 AD3d 758, 759 [2007]). In any event, addressing the merits, we agree that defendants failed to meet their burden of demonstrating that disqualification of counsel was warranted based upon a putative conflict of interest (see Hall Dickler Kent Goldstein & Wood, LLP v McCormick, 36 AD3d at 760).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 20, 2012