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DOMINGUEZ v. COMMUNITY HEALTH PLAN OF SUFFOLK, INC.

284 A.D.2d 294 (2001)

725 N.Y.S.2d 377

LORETTA DOMINGUEZ, Respondent, v. COMMUNITY HEALTH PLAN OF SUFFOLK, INC., et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 4, 2001.

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 party's entitlement to be represented in ongoing litigation by counsel of its own choosing is a valued right which should not be abridged absent a clear showing that disqualification is warranted (see, Olmoz v Town...

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