Opinion
No. 570230/06.
February 16, 2007.
APPEAL from an order of the Civil Court of the City of New York, New York County (Martin J. Shulman, J.), entered March 1, 2006. The order granted plaintiff's cross motion to disqualify the individual defendant from representing the corporate codefendant in the action.
Tedd Blecher, New York City, appellant pro se, and for Bermont Holdings Ltd., appellant. Lawrence A. Omansky, New York City, respondent pro se.
Before: McKEON, P.J., DAVIS and SCHOENFELD, JJ.
OPINION OF THE COURT
Order, entered on or about March 1, 2006, reversed, with $10 costs, and cross motion denied.
Defendant Blecher's disqualification as counsel for defendant Bermont Holdings Ltd. under the advocate witness rule (Code of Professional Responsibility DR 5-102 [a] [ 22 NYCRR 1200.21 (a)]) was unwarranted. Inasmuch as Blecher is one of two shareholders in Bermont, a limited liability corporation, and his interests appear to be identical to those of Bermont, his disqualification would have little or no effect upon the nature and extent of his participation in the action ( see S S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 NY2d 437, 440; Stuart v WMHT Educ. Telecom., 195 AD2d 918).