Horns, Inc. v. Marzano

Appellate Division of the Supreme Court of New York

Horns, Inc. v. Marzano

40 A.D.3d 503, 834 N.Y.S.2d 858

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

DecidedMay 29, 2007

StatusPublished

Cited by1 cases

This text of 40 A.D.3d 503 (Horns, Inc. v. Marzano) 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

Horns, Inc. v. Marzano, 40 A.D.3d 503, 834 N.Y.S.2d 858 (N.Y. Ct. App. 2007).

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Opinion

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered November 2, 2006, which, to the extent appealed from, denied defendants’ cross motion to disqualify plaintiffs’ attorneys, unanimously affirmed, with costs.

Defendants failed to sustain their burden of proving that counsel’s testimony was “necessary” (see S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 NY2d 437 [1987]), or that it would be adverse to plaintiffs (Metropolitan Transp. Auth. v 2 Broadway, 279 AD2d 315, 316 [2001]).

We have considered defendants’ remaining arguments and find them without merit. Concur—Friedman, J.P., Sullivan, Sweeny, Catterson and McGuire, JJ.

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Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered November 2, 2006, which, to the extent appealed from, denied defendants’ cross motion to disqualify plaintiffs’ attorneys, unanimously affirmed, with costs.

Defendants failed to sustain their burden of proving that counsel’s testimony was “necessary” (see S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 NY2d 437 [1987]), or that it would be adverse to plaintiffs (Metropolitan Transp. Auth. v 2 Broadway, 279 AD2d 315, 316 [2001]).

We have considered defendants’ remaining arguments and find them without merit. Concur—Friedman, J.P., Sullivan, Sweeny, Catterson and McGuire, JJ.

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Bluebook (online)

40 A.D.3d 503, 834 N.Y.S.2d 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horns-inc-v-marzano-nyappdiv-2007.

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