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ISLAND PA-VIN CORP. v. KLINGER

47 A.D.2d 627 (1975)

Island Pa-Vin Corp., Respondent, v. Marie D. Klinger, as Executrix of Charles W. Trench, Deceased, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 3, 1975

Order reversed, without costs.

In our opinion it was an abuse of discretion for the trial court, sua sponte, to disqualify defendant's attorney. The record shows that the attorney no longer represented the key witness for plaintiff, which representation was the reason given for the disqualification. Moreover, the attorney's former relationship with that witness had been disclosed to defendant and she nevertheless...

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