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TRIMARCO v. DATA TREASURY CORPORATION

2010-12001.

91 A.D.3d 756 (2012)

936 N.Y.S.2d 574

2012 NY Slip Op 360

MICHAEL TRIMARCO, Respondent, v. DATA TREASURY CORPORATION, Appellant.

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

Decided January 17, 2012.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and that branch of the plaintiff's motion which was to disqualify nonparties Richard B. Friedman and McKenna, Long & Aldridge, LLP, from representing the defendant in this action is denied.

The disqualification of an attorney is a matter that rests within the sound discretion of the Supreme Court (see Nationscredit Fin. Servs. Corp. v Turcios,

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