Appellate Division of the Supreme Court of the State of New York December 15, 2011 (Georgius v. Village of Morrisville)

Rose, J.

Plaintiff, as trustee of the Georgius Family Trust, commenced this action alleging that defendants damaged property owned by the trust while installing a sewer system. After plaintiffs wife, Elizabeth Hughes, was disqualified from acting as his attorney due to a conflict of interest (83 AD3d 1158 [2011]), plaintiff sought to join her as a necessary party.