Opinion
May 29, 2007.
Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered November 2, 2006, which, to the extent appealed from, denied defendants' cross motion to disqualify plaintiffs' attorneys, unanimously affirmed, with costs.
Before: Friedman, J.P., Sullivan, Sweeny, Catterson and McGuire, JJ.
Defendants failed to sustain their burden of proving that counsel's testimony was "necessary" ( see S S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 NY2d 437), or that it would be adverse to plaintiffs ( Metropolitan Transp. Auth. v 2 Broadway, 279 AD2d 315, 316).
We have considered defendants' remaining arguments and find them without merit.