Opinion
2002-02759
Argued October 10, 2002.
November 4, 2002.
In an action to recover damages for dental malpractice, the defendant appeals from an order of the Supreme Court, Nassau County (Phelan, J.), dated March 15, 2002, which denied his motion to disqualify the law firm of Carole A. Burns Associates from representing the plaintiff as trial counsel.
Newman Fitch Altheim Myers, P.C., New York, N.Y. (Robert A. Fitch and Harry Steinberg of counsel), for appellant.
Carole A. Burns Associates, Mineola, N.Y. (James O'Hare and Kevin McElroy of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the defendant's motion to disqualify the law firm of Carole A. Burns Associates from representing the plaintiff as trial counsel. He failed to set forth the nature of the confidential information allegedly obtained from him by that firm, or show that there was a reasonable probability that such information would be disclosed during the course of this litigation (see Jamaica Pub. Serv. Co. v. AIU Ins. Co., 92 N.Y.2d 631; Olmoz v. Town of Fishkill, 258 A.D.2d 447, 448; Petrossian v. Grossman, 219 A.D.2d 587).
The defendant's remaining contentions are without merit.
FEUERSTEIN, J.P., S. MILLER, FRIEDMANN and COZIER, JJ., concur.