| Warshaw Burstein Cohen Schlesinger & Kuh, LLP vLongmire |
| 2011 NY Slip Op 02067 [82 AD3d 586] |
| March 22, 2011 |
| Appellate Division, First Department |
| Warshaw Burstein Cohen Schlesinger & Kuh, LLP,Respondent, v Eric A. Longmire, Appellant. |
—[*1] Warshaw Burstein Cohen Schlesinger & Kuh, LLP, New York (Avi Lew of counsel), forrespondent.
Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or aboutDecember 6, 2010, as amended by order, same court and Justice, entered on or about December9, 2010, which granted plaintiff's motion to disqualify defendant's counsel from representing him,unanimously affirmed, without costs.
Plaintiff law firm demonstrated that defendant's counsel played a vital role in the finalsettlement negotiations flowing from a settlement offer that plaintiff had allegedly previouslyprocured and that defendant client later accepted, that the negotiations were an important part ofthe underlying dispute, that defendant's counsel was likely to be a key witness at trial, and that hisproposed testimony would be adverse to his client's interests (see Sokolow, Dunaud,Mercadier & Carreras v Lacher, 299 AD2d 64, 75-76 [2002]; Martinez v Suozzi, 186AD2d 378 [1992]).
While plaintiff improperly submitted the affirmation, rather than affidavit, of a partner(see CPLR 2106), under the circumstances, "this defect was merely a technicalprocedural irregularity which did not prejudice the defendant" (see Board of Mgrs. of OceanTerrace Towne House Condominium v Lent, 148 AD2d 408, 409 [1989], lv denied75 NY2d 702 [1989]; see CPLR 2001). Concur—Tom, J.P., Andrias, Sweeny,Moskowitz and Renwick, JJ.