875 Riv. View Realty LLC v. Marzullo
This text of 2025 NY Slip Op 51431(U) (875 Riv. View Realty LLC v. Marzullo) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
875 Riv. View Realty LLC v Marzullo (2025 NY Slip Op 51431(U)) [*1]
| 875 Riv. View Realty LLC v Marzullo |
| 2025 NY Slip Op 51431(U) |
| Decided on September 15, 2025 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Decided on September 15, 2025
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Brigantti, J.P., Tisch, James, JJ.
570794/25
against
Joanna Rose Marzullo, Respondent-Appellant.
Respondent Marzullo appeals from an order of the Civil Court of the City of New York, New York County (Betty Lugo-Martinez, J.), dated April 16, 2025, which denied her motion to disqualify petitioner's counsel in a holdover summary proceeding.
Per Curiam.
Order (Betty Lugo-Martinez, J.), dated April 16, 2025, affirmed, without costs.
Civil Court providently exercised its discretion in denying respondent Marzullo's motion to disqualify petitioner's counsel. Respondent did not meet her "heavy burden" (Dishi v Federal Ins. Co., 112 AD3d 484, 484 [2013]) of showing that the testimony of the subject attorneys would be both necessary on her harassment counterclaim and prejudicial to petitioner (see Ullmann-Schneider v Lacher & Lovell-Taylor PC, 110 AD3d 469, 470 [2013]). The conclusory assertion by respondent that petitioner's counsel will be needed as a witness is insufficient by itself to overcome the rule that strongly favors allowing a litigant to be represented by the counsel of their choice (see NYK Line (N. Am.) v Mitsubishi Bank, 171 AD2d 486, 488 [1991]). Nor is there anything in the record to indicate that counsel possesses any material testimony with respect to the harassment counterclaim, much less that their evidence is essential (see S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 NY2d 437 [1987]).
We have considered respondent's remaining arguments and find then unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: September 15, 2025
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2025 NY Slip Op 51431(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/875-riv-view-realty-llc-v-marzullo-nyappterm-2025.