Wirth v. Krawitz

79 A.D.3d 538, 911 N.Y.S.2d 905

Opinion

Order, Supreme Court, New York County (Richard F. Braun, J.), entered July 12, 2010, which, to the extent appealed from as limited by the briefs, granted defendants’ motion to disqualify third-party defendants as counsel for plaintiffs, unanimously affirmed, without costs.

Defendants met their burden of demonstrating that William Greenberg’s testimony will be necessary to their third-party action (see S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 NY2d 437, 443 [1987]) and that Greenberg’s dual role of advocate and witness will create the appearance of representing conflicting interests (see Rules of Professional Conduct [22 NYCRR 1200.0] rule 3.7 [b]; see generally Flores v Willard J. Price Assoc., LLC, 20 AD3d 343, 344 [2005]). Concur — Tom, J.P., Andrias, Saxe, Freedman and Manzanet-Daniels, JJ. [Prior Case History: 2010 NY Slip Op 31832(U).]