Opinion
November 16, 1989
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
We deem the conditions imposed by the IAS court on the proposed merger to be adequate and agree that the striking of Touche Ross' answer would be too drastic a sanction under the circumstances. There is also no basis, at this point in the litigation, for disqualifying Touche Ross' counsel. We affirm, therefore, without prejudice to a further application to disqualify counsel if subsequent events so warrant.
Concur — Kupferman, J.P., Ross, Asch, Kassal and Rubin, JJ.