| Ginsburg Dev. Cos., LLC v Carbone |
| 2012 NY Slip Op 07954 [100 AD3d 825] |
| November 21, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Ginsburg Development Companies, LLC,
Respondent, v Donald J. Carbone et al., Appellants. (And a Third-Party Action.) |
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Riker, Danzig, Scherer, Hyland & Perretti, LLP, New York, N.Y. (Jonathan P. Vuotto and
Thomas P. Sheridan of counsel), for respondent.
In an action, inter alia, to recover damages for fraud, the defendants appeal from so much an order of the Supreme Court, Westchester County (Loehr, J.), entered April 12, 2011, as denied their cross motion to disqualify nonparties Jonathan P. Vuotto and Riker, Danzig, Scherer, Hyland & Perretti, LLP, as counsel for the plaintiff in this action.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying the defendants' cross motion to disqualify Jonathan P. Vuotto and his law firm, Riker, Danzig, Scherer, Hyland & Perretti, LLP, as counsel for the plaintiff in this action (see Light v Light, 64 AD3d 633, 635 [2009]; Hudson Val. Mar., Inc. v Town of Cortlandt, 54 AD3d 999, 1000-1001 [2008]; see also Magnus v Sklover, 95 AD3d 837, 838 [2012]). Skelos, J.P., Dickerson, Hall and Roman, JJ., concur.