Preview
FILED: QUEENS COUNTY CLERK 01/08/2024 07:39 AM INDEX NO. 702787/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 01/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
Index No.: 702787/2023
INDIRA GRIFFITH and
MELDA GRIFFITH AFFIRMATION
IN GOOD FAITH
Plaintiff(s),
-against-
STEPHANIE M VASILIOU
Defendant(s),
Daniel Hong, an attorney duly admitted to practice in the Courts of the State of New
York, affirms the following statement under the penalties of perjury:
1. I am associated with Law Offices of Jennifer S. Adams, attorneys for Defendant,
STEPHANIE M. VASILIOU, in the above-entitled matter, and as such, I am fully familiar with
the facts and circumstances in this matter based upon the file maintained in your Affirmant’s
office.
2. This Affirmation is submitted in support of Defendant’s Motion which seeks an
Order disqualifying the firm of Robertson & Associates, Attorney for Plaintiff-Passenger, Melda
E. Griffith and Plaintiff-Driver, Indira L. Griffith, in this matter, due to the conflict of interest.
3. Robertson & Associates, originally commenced by the filing of a Summons and
Complaint in the Supreme Court of Queens County on February 2, 2023, a copy of which is
annexed hereto as Exhibit A. Thereafter, an Answer was interposed on behalf of Defendant and
efiled in NYSCEF on March 21, 2023, a copy of which is annexed hereto as Exhibit B.
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FILED: QUEENS COUNTY CLERK 01/08/2024 07:39 AM INDEX NO. 702787/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 01/08/2024
4. This action arises from a motor vehicle accident which occurred on July 9, 2022.
As Plaintiff-Driver and Plaintiff-Passenger are represented by the same counsel therefore there is
a conflict of interest.
5. Although, it has been held that disqualification may deprive a party of their
attorney of choice, add to litigation expenses and delay trial, disqualification may be warranted
due to counsel’s conflict of interest. See Gabri v. Cara, 486 N.Y.S.2d 682 (Sup. Ct. Niagara
County 1985). Further, the court has weighed the issue of disqualification, and has decided on
the side of caution. “Our holding in Cardinale reflected the prevailing understanding that the
duty of loyalty owed to a former client and the avoidance of even an appearance of impropriety
are so important that any harm associated with disqualification was minimal when compared
with furthering those goals.” See Solow v. W.R. Grace & Co., 83 N.Y. 2d 303, 312 (1994).
6. The standards of the profession exist for the protection and assurance of the
clients and are demanding; an attorney must avoid not only the fact, but even the appearance, of
representing conflicting interests. See Rotante v Lawrence Hosp., 46 AD2d 199 (1st Dept. 1974);
see also Cardinale v. Golinello, 43 N.Y.2d 288, 295–296, 401 N.Y.S.2d 191 (1977). The
following Ethical Considerations contained in the Code of Professional Responsibility militate
against Plaintiffs’ counsel’s representation of both or either of the plaintiffs. EC 4–1, 4–5, 4–6,
5–1, 5–14, 5–15, 5–17 and 9–6. The Disciplinary Rules pertinent to this case are DR 4–101(B),
DR 5–105(A), and DR 5–105(B). Recognizing that the Code provisions do not enjoy the status
of statutory or decisional law, the Appellate Division, Second Department stated that “they do
represent the acknowledged standards of the profession and the courts ‘should not denigrate
them by indifference’. See Matter of Weinstock, 40 N.Y.2d 1, 6 (1976); see also Matter of Hof,
102 A.D.2d 591, 596 (1984).
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FILED: QUEENS COUNTY CLERK 01/08/2024 07:39 AM INDEX NO. 702787/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 01/08/2024
7. A prior request for the relief requested herein was made but was marked off.
WHEREFORE, it is respectfully requested that an Order be issued granting Defendant's
Motion to disqualify plaintiff’s counsel in its entirety, and for such other and further relief as this
Court deems just and proper.
DATED: Williamsville, NY
January 2, 2024
Respectfully submitted,
___________________________
Daniel Hong, Esq.
Law Offices of Jennifer S. Adams
Attorney for Defendant
STEPHANIE M. VASILIOU
20 Lawrence Bell Drive, Suite 300
Williamsville, NY 14221
Telephone: (516) 502-9619
Our File No.: 223003932-001
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Preview
FILED: QUEENS COUNTY CLERK 01/08/2024 07:39 AM INDEX NO. 702787/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 01/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No.: 702787/2023 INDIRA GRIFFITH and MELDA GRIFFITH AFFIRMATION IN GOOD FAITH Plaintiff(s), -against- STEPHANIE M VASILIOU Defendant(s), Daniel Hong, an attorney duly admitted to practice in the Courts of the State of New York, affirms the following statement under the penalties of perjury: 1. I am associated with Law Offices of Jennifer S. Adams, attorneys for Defendant, STEPHANIE M. VASILIOU, in the above-entitled matter, and as such, I am fully familiar with the facts and circumstances in this matter based upon the file maintained in your Affirmant’s office. 2. This Affirmation is submitted in support of Defendant’s Motion which seeks an Order disqualifying the firm of Robertson & Associates, Attorney for Plaintiff-Passenger, Melda E. Griffith and Plaintiff-Driver, Indira L. Griffith, in this matter, due to the conflict of interest. 3. Robertson & Associates, originally commenced by the filing of a Summons and Complaint in the Supreme Court of Queens County on February 2, 2023, a copy of which is annexed hereto as Exhibit A. Thereafter, an Answer was interposed on behalf of Defendant and efiled in NYSCEF on March 21, 2023, a copy of which is annexed hereto as Exhibit B. 1 of 3 FILED: QUEENS COUNTY CLERK 01/08/2024 07:39 AM INDEX NO. 702787/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 01/08/2024 4. This action arises from a motor vehicle accident which occurred on July 9, 2022. As Plaintiff-Driver and Plaintiff-Passenger are represented by the same counsel therefore there is a conflict of interest. 5. Although, it has been held that disqualification may deprive a party of their attorney of choice, add to litigation expenses and delay trial, disqualification may be warranted due to counsel’s conflict of interest. See Gabri v. Cara, 486 N.Y.S.2d 682 (Sup. Ct. Niagara County 1985). Further, the court has weighed the issue of disqualification, and has decided on the side of caution. “Our holding in Cardinale reflected the prevailing understanding that the duty of loyalty owed to a former client and the avoidance of even an appearance of impropriety are so important that any harm associated with disqualification was minimal when compared with furthering those goals.” See Solow v. W.R. Grace & Co., 83 N.Y. 2d 303, 312 (1994). 6. The standards of the profession exist for the protection and assurance of the clients and are demanding; an attorney must avoid not only the fact, but even the appearance, of representing conflicting interests. See Rotante v Lawrence Hosp., 46 AD2d 199 (1st Dept. 1974); see also Cardinale v. Golinello, 43 N.Y.2d 288, 295–296, 401 N.Y.S.2d 191 (1977). The following Ethical Considerations contained in the Code of Professional Responsibility militate against Plaintiffs’ counsel’s representation of both or either of the plaintiffs. EC 4–1, 4–5, 4–6, 5–1, 5–14, 5–15, 5–17 and 9–6. The Disciplinary Rules pertinent to this case are DR 4–101(B), DR 5–105(A), and DR 5–105(B). Recognizing that the Code provisions do not enjoy the status of statutory or decisional law, the Appellate Division, Second Department stated that “they do represent the acknowledged standards of the profession and the courts ‘should not denigrate them by indifference’. See Matter of Weinstock, 40 N.Y.2d 1, 6 (1976); see also Matter of Hof, 102 A.D.2d 591, 596 (1984). 2 of 3 FILED: QUEENS COUNTY CLERK 01/08/2024 07:39 AM INDEX NO. 702787/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 01/08/2024 7. A prior request for the relief requested herein was made but was marked off. WHEREFORE, it is respectfully requested that an Order be issued granting Defendant's Motion to disqualify plaintiff’s counsel in its entirety, and for such other and further relief as this Court deems just and proper. DATED: Williamsville, NY January 2, 2024 Respectfully submitted, ___________________________ Daniel Hong, Esq. Law Offices of Jennifer S. Adams Attorney for Defendant STEPHANIE M. VASILIOU 20 Lawrence Bell Drive, Suite 300 Williamsville, NY 14221 Telephone: (516) 502-9619 Our File No.: 223003932-001 3 of 3