Clifford v. Montana Mills Bread Co.

Appellate Division of the Supreme Court of New York

Clifford v. Montana Mills Bread Co.

275 A.D.2d 909, 715 N.Y.S.2d 172, 2000 N.Y. App. Div. LEXIS 9786

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 29, 2000

DocketAppeal No. 1

StatusPublished

Cited by1 cases

This text of 275 A.D.2d 909 (Clifford v. Montana Mills Bread Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clifford v. Montana Mills Bread Co., 275 A.D.2d 909, 715 N.Y.S.2d 172, 2000 N.Y. App. Div. LEXIS 9786 (N.Y. Ct. App. 2000).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied that part of the motion of defendant Montana Mills Bread Co., Inc. seeking to disqualify John Parrinello, Esq., from acting as plaintiffs attorney in the instant action. Although Parrinello’s partner is disqualified from representing plaintiff on the ground that he ought to be called as a witness on plaintiffs behalf (see, Code of Professional Responsibility DR 5-102 [c] [22 NYCRR 1200.21 (c)]; Hillcrest Owners v Preferred Mut. Ins. Co., 234 AD2d 269), there is no basis for concluding that the partner’s testimony may be prejudicial to plaintiff (see, Code of Professional Responsibility DR 5-102 [d] [22 NYCRR 1200.21 (d)]; Martinez v Suozzi, 186 AD2d 378, 379).

The court also properly denied plaintiffs motion for summary judgment. Plaintiff failed to meet his burden of establishing his entitlement to judgment as a matter of law (see generally, Zuckerman v City of New York, 49 NY2d 557, 562). (Appeal from Order of Supreme Court, Monroe County, Stander, J. — Disqualify Counsel.) Present — Green, J. P., Pine, Hurlbutt, Kehoe and Lawton, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied that part of the motion of defendant Montana Mills Bread Co., Inc. seeking to disqualify John Parrinello, Esq., from acting as plaintiffs attorney in the instant action. Although Parrinello’s partner is disqualified from representing plaintiff on the ground that he ought to be called as a witness on plaintiffs behalf (see, Code of Professional Responsibility DR 5-102 [c] [22 NYCRR 1200.21 (c)]; Hillcrest Owners v Preferred Mut. Ins. Co., 234 AD2d 269), there is no basis for concluding that the partner’s testimony may be prejudicial to plaintiff (see, Code of Professional Responsibility DR 5-102 [d] [22 NYCRR 1200.21 (d)]; Martinez v Suozzi, 186 AD2d 378, 379).

The court also properly denied plaintiffs motion for summary judgment. Plaintiff failed to meet his burden of establishing his entitlement to judgment as a matter of law (see generally, Zuckerman v City of New York, 49 NY2d 557, 562). (Appeal from Order of Supreme Court, Monroe County, Stander, J. — Disqualify Counsel.) Present — Green, J. P., Pine, Hurlbutt, Kehoe and Lawton, JJ.

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Bluebook (online)

275 A.D.2d 909, 715 N.Y.S.2d 172, 2000 N.Y. App. Div. LEXIS 9786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clifford-v-montana-mills-bread-co-nyappdiv-2000.

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