LAKE v. HEALTH


60 A.D.3d 1469 (2009)

___ N.Y.S.2d ___

DALE LAKE et al., Respondents, v. KALEIDA HEALTH, Doing Business as MILLARD FILLMORE GATES HOSPITAL, et al., Appellants, et al., Defendants.

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

Decided March 27, 2009.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is denied.

Memorandum: Supreme Court abused its discretion in granting plaintiffs' motion seeking to disqualify Gibson, McAskill & Crosby, LLP from representing defendants-appellants (hereafter, defendants) based on an alleged conflict of interest. Even assuming, arguendo, that plaintiffs have standing to bring the motion (see generally Maxon...

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