PRESS 1200 v. Town of Brighton, Respondent. (1997)

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

Elliott H. PRESS, Individually and d/b/a Westfall Development Company, and 1200 Scottsville Road Development, Inc., Appellants, v. LOZIER, INC., Defendant, Town of Brighton, Respondent.

Decided: May 30, 1997

Before PINE, J.P., and CALLAHAN, DOERR and BALIO, JJ.

Shapiro, Rosenbaum by Sanford Shapiro (Warren B. Rosenbaum), Rochester, for Appellants. Fix, Spindelman, Brovitz, Turk, Himelein & Shukoff, PC by Norman Spindelman, Rochester, for Respondent.

Supreme Court properly determined that the law firm representing plaintiffs should be disqualified from further representation of plaintiffs in this action against the Town of Brighton (Town) (see, Cardinale v. Golinello, 43 N.Y.2d 288, 295, 401 N.Y.S.2d 191, 372 N.E.2d 26; Lasky v. Talandis, 209 A.D.2d 841, 619 N.Y.S.2d 184; Flaum v. Birnbaum, 107 A.D.2d 1087, 486 N.Y.S.2d 686). Attorney Rosenbaum's prior representation of the Town as Deputy Town Attorney is substantially related to the Barclay Square development that is the subject matter of this negligence action. The fact that the lawyer did not obtain any confidential information in connection with that employment is not determinative. The Town is entitled to certainty that its interests will not be prejudiced from that employment (see, Cardinale v. Golinello, supra, at 295-296, 401 N.Y.S.2d 191, 372 N.E.2d 26).

Order unanimously affirmed without costs.

MEMORANDUM:

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