Elizabeth Street Inc. v. 217 Elizabeth Street Corp.

—Order, Supreme Court, New York County (Edward Lehner, J.), entered May 1, 2002, which, to the extent appealed and cross-appealed from as limited by the briefs, granted plaintiff’s motion for a preliminary injunction barring defendants from transferring or encumbering the *482subject property, granted defendants’ cross motion to disqualify plaintiff’s counsel, and denied defendants’ cross motion for summary judgment, unanimously affirmed, without costs.

The motion court properly determined, based on plaintiff’s counsel’s deposition testimony, that counsel would likely be called by defendants and…