Greene v. Luckman

Full title: HARVEY M. GREENE et al., Appellants, v. HARVEY LUCKMAN et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 28, 1995

212 A.D.2d 479 (N.Y. App. Div. 1995)

624 N.Y.S.2d 801

Opinion

February 28, 1995

Appeal from the Supreme Court, New York County (Seymour Schwartz, J.).

Disqualification was properly denied since the prior representation of plaintiffs by defendants' attorney in the dispute over credit card charges involved minimal efforts that have no relationship to the instant action for unfair competition (see, Matter of Hof, 102 A.D.2d 591, 596), and since defendants' attorney's testimony with respect to the first matter is not "strictly necessary" to the resolution of the matter at hand (S S Hotel Ventures Ltd. Partnership v. 777 S.H. Corp., 69 N.Y.2d 437, 446).

Concur — Murphy, P.J., Ellerin, Kupferman, Williams and Tom, JJ.