A White Plains attorney must be disqualified from representing a client in a lawsuit because he hired a paralegal who had extensive involvement with the client's adversary, Bronx Supreme Court Justice Howard Sherman ruled in vacating a settlement stipulation due to the “taint” surrounding negotiations.

Sherman said solo practitioner Rocco D'Agostino, who employed James Monteleon as a paralegal, had an “ethical obligation” to inquire about Monteleon's prior employment.

“There is simply no excuse for the failure of Mr. D'Agostino to make inquiry of his new employee and ascertain whether he should be shielded from participation in this suit” or to seek consent from his adversary, Sherman said in USA Recycling v. Baldwin Endico Realty Associates Inc., 350816-2013.