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RICHARD WISSLER, ETC., respondent, v. LARRY R. ASHKINAZY, appellant.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the defendant's motion to disqualify the law firm of Carole A. Burns Associates from representing the plaintiff as trial counsel. He failed to set forth the nature of the confidential information allegedly obtained from him by that firm, or show that there was a reasonable probability that such information would be disclosed during the course of this litigation (see Jamaica Pub. Serv. Co. v. AIU Ins. Co., 92 N.Y.2d 631; Olmoz v. Town of Fishkill, 258 A.D.2d 447, 448; Petrossian v. Grossman, 219 A.D.2d 587).

The defendant's remaining contentions are without merit.

FEUERSTEIN, J.P., S. MILLER, FRIEDMANN and COZIER, JJ., concur.

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WISSLER v. ASHKINAZY
(Nov 4, 2002)