Surrogate Margarita Lopez Torres
In a contested accounting proceeding, Gail Bruccoleri moved to disqualify executor John Bruccoleri's attorney, Gangemi. Gail alleged she and Gangemi had a prior attorney-client relationship, barring his continued representation of John. John opposed and cross-moved to disqualify Gail's attorney, Lombardi. Gail argued she and John previously retained Gangemi on matters that were substantially related to issues disputed in this contested accounting action. She also alleged her interests were now materially adverse to John's, requiring Gangemi's disqualification. The court noted John failed to demonstrate that any of the requirements for disqualification were unsatisfied. Gangemi did not dispute he was retained by John and Gail to investigate facts surrounding preparation of decedent's tax returns, nor did he deny that the purpose for which he was retained by Gail and John was intertwined with this contested intermediate accounting suit. Thus, as Gail satisfied each element of the requirement for disqualification, raising an irrebuttable presumption that Gangemi should be disqualified as John's counsel, the court granted Gail's motion. It denied John's cross-motion finding it was patently frivolous and retaliatory, awarding sanctions against Gangemi.
