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GEORGIUS v. VILLAGE OF MORRISVILLE

511324.

90 A.D.3d 1256 (2011)

934 N.Y.S.2d 357

2011 NY Slip Op 9053

DAVID RUSSELL GEORGIUS, as Trustee of the GEORGIUS FAMILY TRUST, Appellant, v. VILLAGE OF MORRISVILLE et al., Respondents. (And a Third-Party Action.)

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

Decided December 15, 2011.

ROSE, J.

Plaintiff, as trustee of the Georgius Family Trust, commenced this action alleging that defendants damaged property owned by the trust while installing a sewer system. After plaintiff's wife, Elizabeth Hughes, was disqualified from acting as his attorney due to a conflict of interest (83 A.D.3d 1158 [2011]), plaintiff sought to join her as a necessary party. Supreme Court denied the motion, plaintiff appeals and we affirm...

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