Justice Jack Battaglia
Zambrotta allegedly sustained personal injuries while working at a construction site. He claimed defendants were negligent and violated the Labor Law. 2935 Equities LLC was the owner, Vitra Inc, the lessee, and Vanguard Construction was the general contractor. In the course of litigation, the court sua sponte raised the question whether the law firm of Hoey, King, Epstein, Prezioso & Marquez had a clear conflict of interest in representing both 2935 and Vitra requiring its disqualification from representing one or both companies. The court noted that during the seven years since the filing and service of the amended verified complaint, including 16 motions, there was no indication any problem arose by reason of the firm’s joint representation. However, the firm’s continued joint representation would violate Rule 1.7 of the Rules of Professional Conduct warranting disqualification as the representation involved the lawyer representing different interests. The court noted that consent by the clients, even after full disclosure, was not enough as there was no showing of avoidance or ameliorating the apparent different interests of the two clients. Thus, either 2935 or Vitra were directed to file a substitution of counsel.
