Opinion
1897
October 17, 2002.
Order, Supreme Court, New York County (Herman Cahn, J.), entered July 11, 2001, which denied defendants' motion to disqualify plaintiff's attorneys, unanimously affirmed, with costs.
JONATHAN GARDNER, for plaintiff-respondent.
MARC M. ISAAC, for defendants-appellants.
Before: Nardelli, J.P., Mazzarelli, Buckley, Sullivan, Ellerin, JJ.
Since defendants failed to demonstrate that the matters involved in both of the representational relationships at issue are substantially related, their motion to disqualify plaintiff's counsel was properly denied (see Jamaica Pub. Serv. Co. v. AIU Ins. Co., 92 N.Y.2d 631, 636). There is, in addition, no merit to defendants' contention that plaintiff's law firm should be disqualified because one or more of its attorneys might be called as witnesses in the present litigation (see Talvy v. Am. Red Cross, 205 A.D.2d 143, 152, affd 87 N.Y.2d 826).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.