Appellate Division of the Supreme Court of New York, 1984

Donato v. Gritz

Donato v. Gritz
Appellate Division of the Supreme Court of New York · Decided October 29, 1984
104 A.D.2d 1025; 480 N.Y.S.2d 881; 1984 N.Y. App. Div. LEXIS 20461
Donato v. Gritz

Opinion of the Court

— In an action to recover damages for legal malpractice, defendants appeal, as limited by their briefs, from so much of an order of the Supreme Court, Kings County (Lodato, J.), dated March 12, 1984, as denied those branches of their respective motions which sought to disqualify plaintiff’s attorney from representing him in the instant action.

Order affirmed, insofar as appealed from, without costs or disbursements.

Considering the totality of the circumstances, including the lack of demonstrable prejudice to defendants, we conclude that there is no basis to disqualify plaintiff’s counsel (see Lopez v Precision Papers, 99 AD2d 507). Brown, J. P., Niehoff, Rubin and Eiber, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.