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Regional Radio Grp. v. Bailey

Disqualification of Defense Counsel for Consensual Sexual Relationship With Client Denied

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DECISION AND ORDER

*1  From 2003 to 2006, defendant Colleen Bailey worked as a sales representative for Adirondack Broadcasting under the supervision of its general manager, plaintiff Clay Ashworth. In 2006, Ashworth left Adirondack Broadcasting and purchased plaintiff Regional Radio Group, LLC (hereinafter Regional Radio). Defendant remained at Adirondack Broadcasting until 2009, at which time she was hired by Ashworth as general sales manager of Regional Radio. She then remained with Regional Radio until her resignation in September 2013. In March 2015, defendant commenced a sexual discrimination action against plaintiffs in the United States District Court for the Northern District of New York. Plaintiffs subsequently moved for summary judgment dismissing the complaint, which motion was granted by Memorandum-Decision and Order dated March 15, 2017 (Bailey v. Regional Radio Group, LLC, 2017 WL 1025948).Plaintiffs then commenced this action for malicious prosecution on June 28, 2017. Issue

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