Justice Jack Battaglia
Laborer Lema employed by Safeway Environmental allegedly sustained personal injuries while on a scaffold on premises owned by NY-1095 Avenue of the Americas. NY-1095, represented by Curan, Ahlers, Fiden & Norris, sued Safeway, who was represented by Pillinger Miller and Tarallo. Pillinger was then substituted as attorney of record for NY-1095 in place of Curran. The court noted while Safeway did not seek to disqualify Pillinger from representing NY-1095, the court noted it may raise the issue of disqualification sua sponte, and should do so in instances of a clear conflict of interest. It found Pillinger previously represented Safeway, and now represented its adverse party, NY-1095, in the same litigation. The court noted as Pillinger represented adverse parties in the same litigation, it was barred from representing NY-1095 and Safeway under Rule 1.7 of the Rules of Professional Conduct. As the court raised the disqualification and conflict of interest issues sua sponte, it could not be mechanically applied in litigation. Hence, the court will give Pillinger an opportunity to address the question, denying summary judgment pending a determination on whether Pillinger must be disqualified from representing NY-1095.
