Legal Opinion

Dominguez v. Community Health Plan of Suffolk, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 2001PublishedCited by 13 opinions

1Opinion of the Court

—In an action to recover damages for medical malpractice and wrongful death, the defendants Community Health Plan of Suffolk, Inc., Alan Fetterman, “John” Kinsley, and Andrew Jerry Radzik appeal, by permission, from an order of the Supreme Court, Suffolk County (Eerier, J.), dated November 15, 2000, which, sua sponte, disqualified their attorneys.

Ordered that the order is reversed, as a matter of discretion, without costs or disbursements, and the disqualification is vacated.

The Supreme Court improvidently exercised its discretion in sua sponte disqualifying the appellants’ law firm. A…

2Cases cited4 opinions

  1. S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
  2. Ezrasons, Inc. v. American Credit Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Smothers v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2000
  4. In re Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by13 opinions

  1. Gulino v. GulinoAppellate Division of the Supreme Court of the State of New York · 2006
  2. M.A.C. Duff, Inc. v. ASMAC, LLCAppellate Division of the Supreme Court of the State of New York · 2009
  3. Gould v. DecolatorAppellate Division of the Supreme Court of the State of New York · 2015
  4. Hall Dickler Kent Goldstein & Wood, LLP v. McCormickAppellate Division of the Supreme Court of the State of New York · 2007
  5. Mediaceja v. DavidovAppellate Division of the Supreme Court of the State of New York · 2014

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