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SOHO GENERATION OF NEW YORK, INC. v. TRI-CITY INS. BROKERS, INC.

236 A.D.2d 276 (1997)

653 N.Y.S.2d 924

Soho Generation of New York, Inc., Appellant-Respondent, v. Tri-City Insurance Brokers, Inc., et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 20, 1997

Defendants' conclusory allegations, made on the eve of trial, that the testimony of plaintiff's trial counsel would be "necessary" and "relevant", without more, were an insufficient basis for the IAS Court's disqualification of Mr. D'Antonio. By merely mentioning at his deposition that he had withdrawn plaintiff's claim upon the advice of counsel, plaintiff's president Mr. Mosery did not waive any attorney-client privilege by placing...

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