MULHERN v. CALDER


196 Misc.2d 818 (2003)

763 N.Y.S.2d 741

MARY E. MULHERN, Individually and as Administratrix c.t.a. of the Estate of MAURICE W. MULHERN, Deceased, Plaintiff, v. CHRISTOPHER S. CALDER, M.D., et al., Defendants.

Supreme Court, Albany County.

July 28, 2003.


Attorney(s) appearing for the Case

Thuillez, Ford, Gold, Johnson & Butler, L.L.P., Albany (Donald P. Ford, Jr., of counsel), for Albany-Troy Neurosurgical Associates, P.C., defendant.

Ainsworth, Sullivan, Tracy, Knauf, Warner & Ruslander, P.C., Albany (Nannette R. Kelleher of counsel), for Christopher S. Calder and others, defendants.

Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany (Megan B. Van Aken of counsel), for New York Oncology Hematology, P.C., defendant.

Powers & Santola, L.L.P., Albany (Patrick J. Higgins of counsel), for plaintiff.

Carolyn Snyder Lemmon, Albany, for Kathleen DeCapita.


OPINION OF THE COURT

JAMES B. CANFIELD, J.

Defendant Albany-Troy Neurosurgical Associates, P.C. (ATNA) moves to disqualify plaintiff's counsel, Powers & Santola (P&S), on the grounds that P&S recently hired a secretary, Kathleen DeCapita (DeCapita), who was previously employed by ATNA's counsel, Thuillez Ford (TH), as a secretary/paralegal and assisted the TH attorney on this case.

The crucial...

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