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DOMINGO v. 541 OPERATING CORP.

Index No. 159457/18. Appeal No. 124. Case No. 2022-04881N.

215 A.D.3d 586 (2023)

187 N.Y.S.3d 621

2023 NY Slip Op 02175

Erin Domingo, Appellant, v. 541 Operating Corp. et al., Respondents.

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

Decided April 27, 2023.

Attorney(s) appearing for the Case

Law Office of Dimitrios Kourouklis, PH.D., New York ( Dimitrios Kourouklis of counsel), for appellant.

Nicoletti Spinner Ryan Gulino Pinter LLP, New York ( Matthew G. Corcoran of counsel), for 541 Operating Corp., respondent.

Kaufman Borgeest & Ryan LLP, Valhalla ( Lisa E. Fleischmann of counsel), for Bidesh "Teddy" Persaud and Solutions America, LLC, respondent.

Concur—Renwick, A.P.J., González, Kennedy, Higgitt, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered on or about September 29, 2022, which granted defendants' motion to disqualify plaintiff's attorney Effimia Soter, Esq. and the Law Offices of Effie Soter, PC, as counsel, unanimously reversed, on the law, without costs, and the motion denied.

Defendants failed to establish that plaintiff's counsel's testimony was necessary and would not be cumulative so as to require disqualification of plaintiff...

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