 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Smothers v. County of Erie5/10/2000
Order unanimously affirmed without costs. Memorandum: In July 1999 Mandeep K. Brar, M.D. (defendant) retained the former attorneys of plaintiff's treating physician, who had been represented by them in March 1998 for purposes of a deposition in plaintiff's medical malpractice case against defendant. Plaintiff moved to disqualify the attorneys from representing defendant on the ground of a conflict of interest. We conclude that Supreme Court did not abuse its discretion in denying plaintiff's motion (see, Olmoz v. Town of Fishkill, 258 AD2d 447, 447-448). Plaintiff failed to prove that she had a prior attorney-client relationship with those attorneys, nor did she establish that the interests of her nonparty treating physician and defendant are materially adverse (see, Tekni-Plex, Inc. v. Meyner & Landis, 89 NY2d 123, 131, rearg denied 89 NY2d 917). Moreover, plaintiff failed to identify specific confidential information imparted to the attorneys by her treating physician (see, Nowak v. Pillich, 186 AD2d 1018, 1018-1019). Plaintiff's argument that defendant may eventually assert a claim for contribution against plaintiff's treating physician is not preserved for our review (see, Gorman v. Ravesi, 256 AD2d 1134) and, in any event, is speculative and thus does not warrant disqualification (see, Olmoz v. Town of Fishkill, supra, at 447-448). (Appeal from Order of Supreme Court, Erie County, Mintz, J.-Disqualify Counsel.)
|