Greene v. Greene
New York Court of Appeals
391 N.E.2d 1355 (1979)
- Written by Gonzalo Rodriguez, JD
Facts
In 1969, the law firm of Finley, Kumble, Wagner, Heine & Underberg (Finley Kumble) (defendant) was hired to create and manage a trust. In 1976, two attorneys of Finley Kimble left the firm and joined the law firm of Eaton, Van Winkle, Greenspoon & Grutman (Eaton). In 1977, Helen Greene (plaintiff), the beneficiary of the trust, sued Finley Kumble and one of its partners, Theodore Greene (defendant) for breach of fiduciary duties and fraud, among other things. Helen hired Eaton to represent her in the lawsuit. At the time Helen hired Eaton, Eaton advised Helen that two of its attorneys, Grutman and Bjork, had been members of Finley Kumble and could be jointly and severally liable for her claims. Helen chose to remain represented by Eaton. At trial, Finley Kumble moved to disqualify Eaton on conflict-of-interest grounds. The trial court denied the motion, and the appellate division affirmed the denial. Finley Kumble appealed the denial to the New York Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Cooke, C.J.)
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