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PORETSKY v. BARTLEBY & SAGE, INC.

Index No. 652968/18. Appeal No. 15514-15514A. Case Nos. 2021-00361, 2021-00362.

203 A.D.3d 523 (2022)

161 N.Y.S.3d 760

2022 NY Slip Op 01751

Greta Poretsky, Individually and Derivatively on Behalf of Each of Bartleby and Sage, Inc., et al., Appellants, v. Bartleby and Sage, Inc., et al., Respondents, et al., Defendants.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

The Law office of Alexander Paykin, P.C., New York (Alexander Paykin of counsel), for appellant.

Tarter Krinsky & Drogin, LLP, New York (David H. Wander of counsel), for respondents.

Concur—Webber, J.P., Moulton, Kennedy, Mendez, Pitt, JJ.

Disqualification of David Wander as defendants' counsel is warranted based on a conflict of interest. It is undisputed that Wander previously served as counsel for the corporate defendants and now purports to represent those defendants as well as their majority shareholder in an action brought against them by their minority shareholder and derivatively on their own behalf (see Deerin v Ocean Rich Foods, LLC,

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