APPLEHEAD PICTURES LLC v. PERELMAN (2008)

Supreme Court, Appellate Division, First Department, New York.

APPLEHEAD PICTURES LLC, Plaintiff-Respondent, v. Ronald O. PERELMAN, Defendant-Appellant.

Decided: October 07, 2008

TOM, J.P., FRIEDMAN, BUCKLEY, ACOSTA, FREEDMAN, JJ.

Cohen Lans LLP, New York (Deborah E. Lans of counsel), for appellant. Susman Godfrey L.L.P., New York (Jacob W. Buchdahl of counsel), for respondent.

Order, Supreme Court, New York County (Debra A. James, J.), entered March 3, 2008, which denied defendant's motion to disqualify plaintiff's law firm, unanimously affirmed, with costs.

In order to disqualify the firm representing plaintiff in this breach of contract action, defendant had to demonstrate an attorney-client relationship between the firm and plaintiff's principal, and the existence of a conflict of interest between plaintiff and its principal in connection with the matter being litigated (see DR 5-105 [22 NYCRR § 1200.24] ). Defendant's evidence, consisting of a hearsay internet report, an informal e-mail and a breakfast meeting, was insufficient to establish any separate attorney-client relationship between the firm and plaintiff's principal (see Solow v. Grace & Co., 83 N.Y.2d 303, 610 N.Y.S.2d 128, 632 N.E.2d 437 [1994] ).

We have considered defendant's remaining arguments and find them without merit.

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