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Kirschbaum v Elizabeth Ortman Trust of 1977 (2004 NY Slip Op 50545(U))
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Decided on March 10, 2004
Supreme Court, Suffolk County

03-24492
ESSEKS, HEFTER & ANGEL, Attorneys for Plaintiffs, 108 East Main Street, P.O. Box 279, Riverhead, New York 11901. ROBIN L. KISSIN, P.C., Attorneys for Defts. Ortman, P.O. Box 220, Quogue, New York 11959. ANTHONY B. TOHILL, P.C., Attorney for Defts. Rosenthal, 12 First Street, P.O. Box 1330, Riverhead, New York 11901
Paul J. Baisley, J.
ORDERED that this motion by plaintiffs for summary judgment is considered, together with a cross motion by defendants Elizabeth Ortman and the Ortman Trust to disqualify the law firm of Esseks, Hefter & Angel from representing plaintiffs, as well as a cross motion by defendants Stephen and Robert Rosenthal to disqualify the Law Offices of Robin L. Kissin from representing Elizabeth Ortman and the Ortman Trust or any other party to this lawsuit.
file:///C|/Users/Peter/Desktop/NY/2/2004_50545.htm[4/21/2013 1:37:20 PM] Kirschbaum v Elizabeth Ortman Trust of 1977 (2004 NY Slip Op 50545(U))
This action seeks to compel the Elizabeth Ortman Trust to sell trust property located at 44 Sunset Avenue to plaintiffs pursuant to a contract of sale dated October 28, 2002. Elizabeth Ortman, Stephen Rosenthal and Robert Rosenthal are trustees of the trust of which Elizabeth Ortman is the sole beneficiary. Esseks, Hefter & Angel and Willkie Farr & Gallagher LLP represent plaintiffs. Anthony B. Tohill, P.C. represents Stephen and Robert Rosenthal, and the Law Offices of Robin L. Kissin represent Elizabeth Ortman, as well as the trust itself.
The trust and Elizabeth Ortman seek to disqualify plaintiffs' counsel because the office previously represented Jack Ortman, the purported grantor of the trust. The Code of Professional Responsibility provides that an attorney may not represent a client when he has formerly represented an adversary in a related matter and thereby acquired relevant confidential data (DR 5

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