Steers v Primrose (2004 NY Slip Op 04315)

Steers v Primrose

2004 NY Slip Op 04315 [8 AD3d 259]

June 1, 2004

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 25, 2004

Hughnel E. Steers III, Appellant,
v
Teresa Primrose, Respondent. Mark E. Alter, Nonparty Appellant.

—[*1]In an action to recover damages for personal injuries, the plaintiff and nonparty, Mark E. Alter, appeal from an order of the Supreme Court, Nassau County (Galasso, J.), dated July 10, 2003, which granted the defendant's motion to disqualify Mark E. Alter as the plaintiff's counsel.

Ordered that order is reversed, on the law and as a matter of discretion, with costs, and the motion is denied.

Under the particular circumstances of this case, the Supreme Court should not have granted the defendant's motion. Santucci, J.P., Schmidt, Townes and Mastro, JJ., concur.