Appellate Division of the Supreme Court of the State of New York
Marine Midland Bank v. Marine Midland Bank, N. A.
127 A.D.2d 1000 · 1987 N.Y. App. Div. LEXIS 53423 · 512 N.Y.S.2d 943
February 27, 1987 · Docket Appeal No. 3
Queued for AI processing — next in lineest. ~180 min
Opinion
Order unanimously reversed on the law without costs and motion denied. Memorandum: In view of our determination that the charitable remaindermen are entitled to summary judgment (see, Matter of Herrmann [appeal No. 1], 127 AD2d 999), there is no basis for the summary removal of counsel for the charitable remaindermen since there is no risk of their attorney being called as a witness (Code of Professional Responsibility DR 5-102). (Appeal from order of Erie County Surrogate’s Court, Mattina, S. — disqualify law firm.) Present— Callahan, J. P., Doerr, Green, Pine and Davis, JJ.