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1010DATA, INC. v. FIRESTONE ENTERPRISES, INC.

Nos. 5873N, 601160/10.

88 A.D.3d 627 (2011)

931 N.Y.S.2d 597

2011 NY Slip Op 7589

1010DATA, INC., Respondent, v. FIRESTONE ENTERPRISES, INC., et al., Defendants/Counterclaim Plaintiffs-Appellants. 1010DATA, INC., et al., Counterclaim Defendants-Respondents.

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

Decided October 27, 2011.

The motion court properly exercised its discretion (see Harris v Sculco, 86 A.D.3d 481 [2011]) in finding that plaintiff's attorney did not have a conflict with either his present or former client and was not a necessary witness.

The attorney's interest as a director and 2% owner of plaintiff did not pose an impediment and, in any event, any resulting conflicts were waived. Nor...

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