Case Type
Holdover-Licensee
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
312349-25
Slip Opinion Number
2025 NY Slip Op 52082(U)
Petitioner
Linden 305 LLC
Respondent
Miller, Donald, JOHN DOE, JANE DOE
Judge
Jimenez, Sergio
Decision/Order Date
2025-12-24
Posture
Pre-answer Motion by Tenant
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
In this licensee holdover, the tenant moved to disqualify the landlord's counsel, arguing a conflict of interest because one of the firm's attorneys previously represented the tenant in a substantially related prior proceeding. The court found that a presumption of disqualification arose, but the landlord rebutted it by demonstrating that the attorney lived out of state, was not involved in the current proceeding, did not possess material information, and the firm had established an ethical wall. The court denied the tenant's motion but prohibited the firm from discussing the case with the attorney in question.
Keywords
Motion to Disqualify Petitioner’s Counsel Denied; Presumption of Disqualification Based on Alleged Conflict of Interest Rebutted
Recommended Citation
"Linden 305 LLC v. Miller" (2025). All Decisions. 2043.
https://ir.lawnet.fordham.edu/housing_court_all/2043
