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GUSTAFSON v. DIPPERT

1397 CA 08-02595

68 A.D.3d 1678 (2009)

2009 NY Slip Op 9763

891 N.Y.S.2d 842

WILLIAM GUSTAFSON, as Administrator D.B.N. of the Estate of BRUCE G. GUSTAFSON, Deceased, Respondent, v. PAUL C. DIPPERT, D.O., et al., Defendants, and ANDREW J. STANSBERRY, R.P.A., Appellant. (Appeal No. 1.).

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In appeal No. 1, defendant Andrew J. Stansberry, R.P.A. appeals from an order denying his cross motion to disqualify the law firm of Lipsitz Green Scime Cambria LLP (Lipsitz Green) from representing plaintiff in this medical malpractice action based upon an alleged conflict of interest. We affirm. Stansberry "failed to meet [his] burden of making `a clear showing...

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