Civil Procedure · MBE-tested
In the Matter of Marine Midland Bank, as Trustee Under the Last Will and Testament of John P. Herrmann, Deceased. Canisius College et al., Appellants, v. Marine Midland Bank, N. A., et al., Respondents
127 A.D.2d 1000·New York Supreme Court, Appellate Division·1987·NY
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Opinion
In the Matter of Marine Midland Bank, as Trustee Under the Last Will and Testament of John P. Herrmann, Deceased. Canisius College et al., Appellants, v Marine Midland Bank, N. A., et al., Respondents.
(Appeal No. 3.)
[MAJORITY]
Order unanimously reversed on the law without costs and motion denied. Memorandum: In view of our determination that the charitable remaindermen are entitled to summary judgment (see, Matter of Herrmann [appeal No. 1], 127 AD2d 999), there is no basis for the summary removal of counsel for the charitable remaindermen since there is no risk of their attorney being called as a witness (Code of Professional Responsibility DR 5-102). (Appeal from order of Erie County Surrogate’s Court, Mattina, S. — disqualify law firm.) Present— Callahan, J. P., Doerr, Green, Pine and Davis, JJ.