Opinion
211 CA 21-00681
03-11-2022
Elizabeth BRITTON, on Behalf of Herself and All Others Similarly Situated, Plaintiff-Respondent, v. SENECA MEADOWS, INC., Defendant-Appellant.
BEVERIDGE & DIAMOND, P.C., NEW YORK CITY (MICHAEL G. MURPHY OF COUNSEL), FOR DEFENDANT-APPELLANT. LIDDLE SHEETS COULSON P.C., DETROIT, MICHIGAN (LAURA L. SHEETS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
BEVERIDGE & DIAMOND, P.C., NEW YORK CITY (MICHAEL G. MURPHY OF COUNSEL), FOR DEFENDANT-APPELLANT.
LIDDLE SHEETS COULSON P.C., DETROIT, MICHIGAN (LAURA L. SHEETS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PERADOTTO, J.P., LINDLEY, CURRAN, WINSLOW, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order that denied its motion seeking to disqualify the out-of-state law firm retained by plaintiff in this matter and to revoke the pro hac vice admissions of plaintiff's attorneys with that law firm. We affirm for reasons stated in the decision at Supreme Court. We write only to note that, contrary to the court's determination, the May 4, 2017 letters and contingent fee agreements sent by plaintiff's counsel violated Rules of Professional Conduct ( 22 NYCRR 1200.0 ) rule 7.3 (g) (see Rules of Professional Conduct rule 7.3 [b]). We nonetheless conclude that the court did not abuse its discretion in denying the motion (see generally S & S Hotel Ventures Ltd. Partnership v. 777 S.H. Corp. , 69 N.Y.2d 437, 443-445, 515 N.Y.S.2d 735, 508 N.E.2d 647 [1987] ; Harris v. Erie County Med. Ctr. Corp. , 175 A.D.3d 1104, 1106-1107, 106 N.Y.S.3d 716 [4th Dept. 2019] ; J.G. Wentworth S.S.C. Ltd. Partnership v. Serio , 33 A.D.3d 761, 761-762, 823 N.Y.S.2d 439 [2d Dept. 2006] ).