The defendants moved to remove the plaintiffs' law firm from the record in a commercial landlord-tenant dispute.
The defendants argued the firm previously acted for the defendant landlord on the purchase of the property, that a partner of the firm would be a witness, and that the firm was breaching its duty of loyalty.
The court dismissed the motion, finding that the partner was unlikely to have relevant evidence regarding the accounting issues in dispute.
Furthermore, because there was no risk of disclosing confidential information and the firm was not attacking its own prior work or changing sides on a matter central to the previous retainer, the duty of loyalty was not breached.
