MATTER OF GALLUCCIO, M.D. v. FOCHIOS M.D.


303 A.D.2d 190 (2003)

755 N.Y.S.2d 597

In the Matter of RONALD GALLUCCIO, M.D., Appellant, v. STEVEN FOCHIOS, M.D., Respondent, et al., Respondent.

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

Decided March 6, 2003.


The motion to disqualify counsel was properly denied (see S & S Hotel Ventures Ltd. Partnership v 777 S.H. Corp., 69 N.Y.2d 437 [1987]; Luk Lamellen u. Kupplungsbau GmbH v Lerner, 167 A.D.2d 451 [1990]). Although respondent's counsel represented him in negotiations resulting in the agreement that is the subject of the underlying arbitration, petitioner has not established that counsel...

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