Wensley & Partners, L. L. C. v. Polimeni

—In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiff and third-party defendants appeal from so much of an order of the Supreme Court, Nassau County (Phelan, J.), entered May 18, 1998, as granted the defendants’ cross motion to disqualify the law firm of Sylvor and Richman, L. L. P., from representing the plaintiff or the third-party defendants on the basis that an attorney from that firm will likely be called as a witness to give necessary testimony in this action.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the…