and cross move to have Henry J. Bergman, Esq. ("Bergman") disqualified from further
representation of the Colacinos in this action. For the reasons stated below, the motion and the
cross motion are denied.
Background
The Sellers owned 409 shares in the Corporation allocable to the Apartment and had a
proprietary lease for the ApartmentThe Sellers retained Debby Solomon ("Solomon"), a Senior
Vice-President of Prudential Douglas-Elliman, to act as their real estate agent and market the
Apartment. In or around July 2009, Lauren Muss ("Muss"), a real estate broker with the Corcoran
Group who was representing the Colacinos, informed Solomon that the Colacinos were [*2]interested in purchasing the Apartment.
The Sellers and the Colacinos entered into the Agreement, which is dated August 7, 2009.
Pursuant to the terms of the Agreement, the Sellers agreed to sell, and the Colacinos agreed to
purchase from the Sellers, the Apartment for a total purchase price of $3,800,000.00, which
includes the Security Deposit of $380,000.00 or 10% of the purchase price. The Agreement
consists of a form contract (the "Contract"), a rider added by the Colacinos (the "Colacinos'
Rider"), a rider added by the Sellers (the "Sellers' Rider), and a "lead-based paint rider." See
Ebert dep. at 13; Exhibit 2 of the Colacinos' moving papers . Paul Giddins ("Giddins") acted as
the attorney for the Colacinos, and Ebert was the attorney for the Sellers.
The Agreement specifies that the sale of the Apartment is subject to the
unconditional consent of the Corporation. Contract at ¶6.1. The Agreement requires the
Colacinos to "in good faith" submit an application to the Corporation containing such documents
and information as the Corporation requires, attend one or more personal interviews as requested