Horns, Inc. v Geller Marzano & Co. CPA's, P.C.
2007 NY Slip Op 04529 [40 AD3d 503]
May 29, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 11, 2007


Horns, Inc., et al., Respondents,
v
Geller Marzano & Company CPA's, P.C., et al., Appellants.

—[*1] Landman Corsi Ballaine & Ford P.C., New York (Louis G. Corsi of counsel), for appellants.

Balsam Felber & Goldfield, New York (Daniel M. Felber of counsel), for respondents.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered November 2, 2006, which, to the extent appealed from, denied defendants' cross motion to disqualify plaintiffs' attorneys, unanimously affirmed, with costs.

Defendants failed to sustain their burden of proving that counsel's testimony was "necessary" (see S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 NY2d 437 [1987]), or that it would be adverse to plaintiffs (Metropolitan Transp. Auth. v 2 Broadway, 279 AD2d 315, 316 [2001]).

We have considered defendants' remaining arguments and find them without merit. Concur—Friedman, J.P., Sullivan, Sweeny, Catterson and McGuire, JJ.