Opinion
February 20, 1996
Appeal from the Supreme Court, Nassau County (O'Connell, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in denying, after a hearing, the defendant's motion to disqualify the plaintiff's attorney. The record establishes that the plaintiff's attorney never represented the defendant and the defendant never communicated any confidential information to the plaintiff's attorney ( cf., Leisman v. Leisman, 208 A.D.2d 688; Burton v. Burton, 139 A.D.2d 554; Mondello v. Mondello, 118 A.D.2d 549; Pulichino v. Pulichino, 108 A.D.2d 803). Sullivan, J.P., Pizzuto, Goldstein and Florio, JJ., concur.