Unanimously reversed, on the law, and in the exercise of discretion, without costs or disbursements, the motion granted and the judgment vacated.
As this matter was about to proceed to trial without a jury, defendant's attorney, stating "I am probably the main witness for the defendant in this action", requested permission to participate both as trial counsel and as a witness. Citing DR 5-102 of the Code of Professional Responsibility, the court ruled that it would...
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