Opinion
December 19, 1983
In an action, inter alia, to recover damages for breach of contract, plaintiff appeals from an order of the Supreme Court, Westchester County (Palella, J.), dated June 1, 1983, which denied his application to disqualify defendant Bloom's counsel. Order affirmed, with costs. Plaintiff has failed to show that if defendant Bloom's counsel is called as a witness, his testimony will be contrary to his client's interest (Code of Professional Responsibility, DR 5-102 [B]; People v. Paperno, 77 A.D.2d 137, revd on other grounds 54 N.Y.2d 294; Tucker v. Weissman, 89 A.D.2d 852). O'Connor, J.P., Bracken, Brown and Niehoff, JJ., concur.