| Applehead Pictures LLC v Perelman |
| 2008 NY Slip Op 07594 [55 AD3d 348] |
| October 7, 2008 |
| Appellate Division, First Department |
| Applehead Pictures LLC, Respondent, v Ronald O.Perelman, Appellant. |
—[*1] Susman Godfrey L.L.P., New York (Jacob W. Buchdahl of counsel), forrespondent.
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, withcosts.
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'sprincipal, and the existence of a conflict of interest between plaintiff and its principal inconnection with the matter being litigated (see Code of Professional Responsibility DR5-105 [22 NYCRR 1200.24]). Defendant's evidence, consisting of a hearsay internet report, aninformal e-mail and a breakfast meeting, was insufficient to establish any separate attorney-clientrelationship between the firm and plaintiff's principal (see Solow v Grace & Co., 83NY2d 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 NYSlip Op 30573(U).]