| Applehead Pictures LLC v Perelman |
| 2008 NY Slip Op 07594 [55 AD3d 348] |
| October 7, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Applehead Pictures LLC, Respondent, v Ronald O. Perelman, Appellant. |
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Susman Godfrey L.L.P., New York (Jacob W. Buchdahl of counsel), for respondent.
Order, Supreme Court, New York County (Debra A. James, J.), entered March 3, 2008, which denied defendant's motion to disqualify plaintiff's law firm, unanimously affirmed, with costs.
In order to disqualify the firm representing plaintiff in this breach of contract action, defendant had to demonstrate an attorney-client relationship between the firm and plaintiff's principal, and the existence of a conflict of interest between plaintiff and its principal in connection with the matter being litigated (see Code of Professional Responsibility DR 5-105 [22 NYCRR 1200.24]). Defendant's evidence, consisting of a hearsay internet report, an informal e-mail and a breakfast meeting, was insufficient to establish any separate attorney-client relationship between the firm and plaintiff's principal (see Solow v Grace & Co., 83 NY2d 303 [1994]).
We have considered defendant's remaining arguments and find them without merit. Concur—Tom, J.P., Friedman, Buckley, Acosta and Freedman, JJ. [See 2008 NY Slip Op 30573(U).]