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IN RE GEORGIUS

509831.

83 A.D.3d 1158 (2011)

920 N.Y.S.2d 475

DAVID RUSSELL GEORGIUS, as Trustee of the GEORGIUS FAMILY TRUST, Appellant, VILLAGE OF MORRISVILLE et al., Respondents, and G. DeVINCENTIS & SON CONSTRUCTION COMPANY, INC., Defendant and Third-Party Plaintiff-Respondent. ROBERT SHARP, Doing Business as SHARP MASONRY, Third-Party Defendant-Appellant. ELIZABETH BUENGER HUGHES, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 7, 2011.

ROSE, J.

Plaintiff commenced this action alleging that defendants caused damage to property owned by the Georgius Family Trust during installation of a sewer system. Nonparty appellant Elizabeth Hughes, the wife of plaintiff and cotrustee of the trust, thereafter appeared as plaintiff's counsel. An initial motion by defendant G. DeVincentis & Son Construction Company, Inc. (hereinafter defendant) to disqualify Hughes as counsel for plaintiff, based on her role...

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