Opinion
June 1, 1976
In an action inter alia to recover damages for fraud, defendant appeals from an order of the Supreme Court, Kings County, dated December 17, 1975, which denied its motion to disqualify plaintiff's counsel. Order affirmed, with $50 costs and disbursements. While plaintiff's attorney should not have undertaken the representation of the plaintiff in the first instance (see Rotante v Lawrence Hosp., 46 A.D.2d 199; Emle Ind. v Patentex, Inc., 478 F.2d 562), defendant's inordinate delay in seeking the disqualification of the attorney bars it from obtaining that relief. To grant the application now would only serve to delay the litigation on the very eve of trial (cf. Magjuka v Greenberger, 46 A.D.2d 867; Matter of Huie [Gottfried], 2 A.D.2d 163, 165). Gulotta, P.J., Hopkins, Martuscello, Latham and Shapiro, JJ., concur.