MILLER v. MEI [1st Dept 1999

Full title: LARRY MILLER, Plaintiff-Appellant, v. XIAO MEI, etc., Defendant-Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 21, 1999

(N.Y. App. Div. Oct. 21, 1999)

Opinion

October 21, 1999

Jerome Tarnoff for Plaintiff-Appellant.

Richard J. Adago for Defendant-Respondent.

ROSENBERGER, J.P., TOM, MAZZARELLI, SAXE, BUCKLEY, JJ.

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered July 8, 1998, which, in a matrimonial proceeding, denied plaintiff's motion to disqualify counsel for defendant, unanimously affirmed, without costs.

The motion for the disqualification of defendant's counsel was properly denied. While the conduct upon which the motion is premised cannot be condoned, it was evidently isolated and, plaintiff's argument to the contrary notwithstanding, we perceive no ground to conclude that it will have sequelae detrimental to counsel's representation of defendant in this matter (cf.,Grunberg v. Feller, 132 Misc.2d 738).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.