| Rivera v Lutheran Med. Ctr. |
| 2010 NY Slip Op 04168 [73 AD3d 891] |
| May 11, 2010 |
| Appellate Division, Second Department |
| Felix Rivera, Respondent, v Lutheran Medical Center etal., Defendants. Morgan, Lewis & Bockius, LLP, NonpartyAppellant. |
—[*1] Alan J. Rich, LLC, Brooklyn, N.Y., for respondent.
In an action, inter alia, to recover damages for employment discrimination in violation of theNew York State Human Rights Law, the nonparty Morgan, Lewis & Bockius, LLP, appeals, aslimited by its brief, from so much of an order of the Supreme Court, Kings County (Ambrosio,J.), dated October 16, 2008, as, upon determining that it violated former Code of ProfessionalResponsibility DR 2-103 (a) (1) (22 NYCRR 1200.8 [a] [1]), now Rules of Professional Conduct(22 NYCRR 1200.0) rule 7.3, granted that branch of the plaintiff's motion which was todisqualify it from representing certain witnesses in this action.
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the contention of the nonparty appellant, the record supports the SupremeCourt's determination that it engaged in acts of solicitation of professional employment, inviolation of former Code of Professional Responsibility DR 2-103 (a) (1) (22 NYCRR 1200.8 [a][1]), now Rules of Professional Conduct (22 NYCRR 1200.0) rule 7.3. Accordingly, theSupreme Court properly granted that branch of the plaintiff's motion which was to disqualify thenonparty appellant from representing certain witnesses in this action.
The nonparty appellant's remaining contention regarding the plaintiff's standing is withoutmerit (see Maxon v Woods OviattGilman LLP, 45 AD3d 1376, 1377 [2007]; Vegetable Kingdom, Inc. v Katzen,653 F Supp 917, 923 n 4 [1987]). Skelos, J.P., Santucci, Angiolillo and Chambers, JJ.,concur. [Prior Case History: 22 Misc 3d 178.]