Fugnitto v. Fugnitto

In Fugnitto v. Fugnitto (113 Misc 2d 666 [App Term, 2d Dept 1982]), a car driven by Patricia Fugnitto, in which her infant son was a passenger, was involved in an intersection collision with another automobile. Mrs. Fugnitto commenced an action individually and on behalf of her infant son. Upon trial of the liability issue, a single attorney represented both Mrs. Fugnitto and her infant son as plaintiffs. The court held that an objection to the dual representation in this case could not be considered timely, as it was not raised before appeal. Nevertheless, the court stated that, "we emphatically disapprove the representation by counsel of both the driver and the passenger of a vehicle ... had a timely motion to disqualify been made, our conclusion in this case might well have been different." (Supra, at 669.)