Opinion
May 10, 2000.
Appeal from Order of Supreme Court, Erie County, Mintz, J. — Disqualify Counsel.
Order unanimously affirmed without costs.
PRESENT: PIGOTT, JR., P. J., HAYES, SCUDDER, KEHOE AND BALIO, JJ.
Memorandum:
In July 1999 Mandeep K. Brar, M.D. (defendant) retained the former attorneys of plaintiff's treating physician, who had been represented by them in March 1998 for purposes of a deposition in plaintiff's medical malpractice case against defendant. Plaintiff moved to disqualify the attorneys from representing defendant on the ground of a conflict of interest. We conclude that Supreme Court did not abuse its discretion in denying plaintiff's motion ( see, Olmoz v. Town of Fishkill, 258 A.D.2d 447, 447-448). Plaintiff failed to prove that she had a prior attorney-client relationship with those attorneys, nor did she establish that the interests of her nonparty treating physician and defendant are materially adverse ( see, Tekni-Plex, Inc. v. Meyner Landis, 89 N.Y.2d 123, 131, rearg denied 89 N.Y.2d 917). Moreover, plaintiff failed to identify specific confidential information imparted to the attorneys by her treating physician ( see, Nowak v. Pillich, 186 A.D.2d 1018, 1018-1019). Plaintiff's argument that defendant may eventually assert a claim for contribution against plaintiff's treating physician is not preserved for our review ( see, Gorman v. Ravesi, 256 A.D.2d 1134) and, in any event, is speculative and thus does not warrant disqualification ( see, Olmoz v. Town of Fishkill, supra, at 447-448).