From Casetext: Smarter Legal Research

Maxon v. Gilman

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2007
45 A.D.3d 1376 (N.Y. App. Div. 2007)

Opinion

No. CA 07-00947.

November 9, 2007.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J), entered March 13, 2007 in a legal malpractice action. The order denied plaintiffs motion to disqualify defendant Woods Oviatt Gilman LLP from representing a nonparty witness at a subpoenaed deposition.

REMINGTON, GIFFORD, WILLIAMS COLICCHIO, LLP, ROCHESTER (ROBERT B. KOEGEL OF COUNSEL), FOR PLAINTIFF-APPELLANT.

WOODS OVIATT GILMAN LLP, ROCHESTER (DONALD W. O'BRIEN, JR., OF COUNSEL), DEFENDANT-RESPONDENT PRO SE, AND FOR ANTHONY COTRONEO, DEFENDANT-RESPONDENT.

Present: Scudder, P.J., Martoche, Smith, Lunn and Pine, JJ.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from an order denying his motion in this legal malpractice action seeking to disqualify defendant law firm from representing a nonparty witness at a subpoenaed deposition. We affirm for reasons stated in the decision at Supreme Court. We add only that plaintiff has standing to bring this motion ( see Vegetable Kingdom, Inc. v Katzen, 653 F Supp 917, 923 n 4 [ND NY 1987]), and that the court properly determined under the circumstances of this case that the nonparty witness, who had an existing attorney-client relationship with defendant law firm, was entitled to counsel of his own choosing ( see generally Solow v Grace Co., 83 NY2d 303, 310; United States v Occidental Chem. Corp., 606 F Supp 1470, 1474 [WD NY 1985]).


Summaries of

Maxon v. Gilman

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2007
45 A.D.3d 1376 (N.Y. App. Div. 2007)
Case details for

Maxon v. Gilman

Case Details

Full title:JOSEPH P. MAXON, Appellant, v. WOODS OVIATT GILMAN LLP et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 9, 2007

Citations

45 A.D.3d 1376 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8614
845 N.Y.S.2d 893

Citing Cases

Sciara v. Surgical Associates of Western N.Y.

Nonparties are routinely allowed to be represented by counsel during their depositions. In a different…

Sciara v. Surgical Assoc

Nonparties are routinely allowed to be represented by counsel during their depositions. In a different…