In a November 29, 2010 decision by Justice Warshawsky, the court denied the defendants’ motion to disqualify the plaintiff’s counsel. Although it was uncontroverted that the plaintiff’s attorney, who had represented the plaintiff for 15 years, would likely be called as a witness at trial and possessed relevant information concerning the underlying transaction at issue, the court found the attorney’s testimony would be cumulative. Relying on the Court of Appeals’ pronouncement that the mere possession of relevant knowledge alone is insufficient to render the attorney’s testimony necessary, the court concluded that disqualification was not appropriate at that stage of the litigation.
Carlton on the Park, Ltd. v Weitzman, Sup Ct Nassau County, November 29, 2010 Warshawksy, J, Index No. 8035/10