Opinion
2640N
December 19, 2002.
Order, Supreme Court, New York County (Diane Lebedeff, J.), entered December 9, 1999, which denied plaintiff's motion to disqualify Shearer Essner, LLP (SE) as attorneys for defendant, unanimously affirmed, with costs.
Michael A. McDonough, for plaintiff-appellant.
David M. Shearer, for defendant-respondent.
Before: WILLIAMS, P.J., ANDRIAS, BUCKLEY, LERNER, GONZALEZ, JJ.
The motion for disqualification of SE as defendant's counsel was properly denied. There was no showing of any attorney-client relationship between plaintiff and SE (see Tekni-Plex, Inc. v. Meyner Landis, 89 N.Y.2d 123, 131) or that SE received confidential information from plaintiff, substantially related to this action, under circumstances in which plaintiff had the right to believe that SE, as attorneys, would respect such confidences (see e.g. Wall St. Assocs. v. Brodsky, 227 A.D.2d 301).
We have considered plaintiff's other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.