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KASSIS v. TEACHER'S INS.

243 A.D.2d 191 (1998)

678 N.Y.S.2d 32

Henry Kassis et al., Appellants, v. Teacher's Insurance and Annuity Association et al., Respondents and Third-Party Plaintiffs-Respondents. Civetta/Cousins JV et al., Third-Party Defendants-Respondents

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

June 16, 1998

Attorney(s) appearing for the Case

Dennis T. D'Antonio of counsel (Joshua L. Mallin and Eric Hatzimemos on the brief; Weg & Myers, P. C., attorneys), for appellants.

Roula Theofanis of counsel (Thurm & Heller, attorneys), for Teacher's Insurance and another, respondents and third-party plaintiffs-respondents.

Joseph A. Oliva of counsel (Ahmuty, Demers & McManus, attorneys), for D&F Masons, respondent and third-party defendant-respondent.

MILONAS and WALLACH, JJ., concur with SULLIVAN, J. P.; WILLIAMS and TOM, JJ., dissent in a separate opinion by TOM, J.

SULLIVAN, J. P.

The IAS Court's denial of plaintiffs' motion to disqualify the law firm of Thurm & Heller, the attorneys for defendants and third-party plaintiffs, Teacher's Insurance and Annuity Association and Cauldwell-Wingate Company, Inc., should be affirmed. We are persuaded that disqualification is unnecessary, given the steps undertaken by Thurm & Heller, a firm comprised of 26 lawyers, 12 partners...

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