SMOTHERS v. COUNTY OF ERIE


272 A.D.2d 906 (2000)

707 N.Y.S.2d 577

EARLEAN D. SMOTHERS, Appellant, v. COUNTY OF ERIE et al., Defendants, and MANDEEP K. BRAR, Respondent.

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

Decided May 10, 2000.


Order unanimously affirmed without costs.

Memorandum:

In July 1999 Mandeep K. Brar, M.D. (defendant) retained the former attorneys of plaintiff's treating physician, who had been represented by them in March 1998 for purposes of a deposition in plaintiff's medical malpractice case against defendant. Plaintiff moved to disqualify the attorneys from representing defendant on the ground of a conflict of interest. We conclude that Supreme Court did not abuse its...

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