Opinion
March 6, 1990
Appeal from the Supreme Court, New York County (Irma Vidal Santaella, J.).
Summary judgment was properly denied. Questions of fact exist as to whether or not defendant's conduct, in stating in open court that there was $500,000 in total coverage, allowing that representation to stand uncorrected for three years, and then stating, on the eve of trial, that it did not know whether or not there was more than $100,000 in coverage, constitutes actionable bad faith (see, DiBlasi v Aetna Life Cas. Ins. Co., 147 A.D.2d 93, 98), and if bad faith, whether it constituted a criminal indifference to civil obligations warranting punitive damages (Samovar of Russia Jewelry Antique Corp. v Generali, 102 A.D.2d 279, 282).
Defendant's motion to disqualify plaintiffs' counsel was properly denied. Defendant failed to explain precisely what testimony it requires, why it requires it, and in what respect the testimony of plaintiffs' counsel would be prejudicial to the plaintiffs if defendant calls counsel as a witness (S S Hotel Ventures Ltd. Partnership v 777 S.H. Corp., 69 N.Y.2d 437; Plotkin v Interco Dev. Corp., 137 A.D.2d 671, 673-674).
Concur — Kupferman, J.P., Asch, Kassal, Wallach and Rubin, JJ.