Appellate Division of the Supreme Court of New York, 1987

Marine Midland Bank v. Marine Midland Bank, N. A.

Marine Midland Bank v. Marine Midland Bank, N. A.
Appellate Division of the Supreme Court of New York · Decided February 27, 1987
127 A.D.2d 1000; 512 N.Y.S.2d 943; 1987 N.Y. App. Div. LEXIS 53423
Marine Midland Bank v. Marine Midland Bank, N. A.

Opinion of the Court

Order unanimously reversed on the law without costs and motion denied. Memorandum: In view of our determination that the charitable remaindermen are entitled to summary judgment (see, Matter of Herrmann [appeal No. 1], 127 AD2d 999), there is no basis for the summary removal of counsel for the charitable remaindermen since there is no risk of their attorney being called as a witness (Code of Professional Responsibility DR 5-102). (Appeal from order of Erie County Surrogate’s Court, Mattina, S. — disqualify law firm.) Present— Callahan, J. P., Doerr, Green, Pine and Davis, JJ.

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