FLEIGELMAN v. ELI LILLY CO (1998)

Supreme Court, Appellate Division, First Department, New York.

Barbara FLEIGELMAN, Plaintiff-Appellant, v. ELI LILLY & CO., et al., Defendants-Respondents. Action No. 1.
Elizabeth BROPHY, Plaintiff-Appellant, v. The ABBOTT LABORATORIES, et al., Defendants-Respondents. Action No. 2.

Decided: November 10, 1998

MILONAS, J.P., ELLERIN, RUBIN, TOM and SAXE, JJ.

Jay L. Feigenbaum, for Plaintiffs-Appellants. Samuel J. Abate, for Defendants-Respondents.

Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about June 3, 1998, which, in actions for personal injuries allegedly caused by exposure to DES, granted the motion of defendant-respondent Eli Lilly & Co., to disqualify the law firm representing plaintiffs, unanimously affirmed, without costs.

We agree with the motion court that the 12-attorney law firm representing plaintiffs, where defendant's former attorney of seven years' duration is still employed (cf., Solow v. W.R. Grace & Co., 83 N.Y.2d 303, 313, 610 N.Y.S.2d 128, 632 N.E.2d 437), failed to sustain its burden of demonstrating that it adopted safeguards adequate to assure against the likelihood that defendant's confidences would be divulged (compare, Kassis v. Teacher's Ins. & Annuity Assn., 243 A.D.2d 191, 678 N.Y.S.2d 32, lv. granted 253 A.D.2d 1004, 1998 N.Y.App.Div. LEXIS 10313). There are no issues of fact requiring a hearing.

MEMORANDUM DECISION.

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