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FISHER v. HAUMAN

Index No. 654717/21. Appeal Nos. 15668-15669-15670-15670A. Case Nos. 2021-04109, 2021-04337, 2021-04715, 2021-04716.

204 A.D.3d 406 (2022)

163 N.Y.S.3d 815

2022 NY Slip Op 02223

Miasha Fisher, Respondent, v. Constance Hauman et al., Appellants.

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

Decided April 5, 2022.

Attorney(s) appearing for the Case

Law Office of Richard A. Altman, New York (Richard A. Altman, of counsel) for appellants.

Moses & Singer, New York (Daniel Hoffman, of counsel) for respondent.

Concur—Webber, J.P., Singh, González, Kennedy, Higgitt, JJ.

The court correctly determined that defendants did not meet their heavy burden of establishing that plaintiff's counsel must be disqualified (Mayers v Stone Castle Partners, LLC, 126 A.D.3d 1, 5-6 [1st Dept 2015]). There are no indicia of a prior attorney-client relationship between defendants and plaintiff's counsel, who has always represented plaintiff alone. The retainer agreement between plaintiff and her counsel, executed in...

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