MacARTHUR v. BANK OF NEW YORK

No. 79 Civ. 5785.

524 F.Supp. 1205 (1981)

Robert S. MacARTHUR, Plaintiff, v. The BANK OF NEW YORK, Defendant.

United States District Court, S. D. New York.

October 28, 1981.


Attorney(s) appearing for the Case

Dan Brecher, New York City, for plaintiff.

Hall, McNicol, Hamilton & Clark, New York City, for defendant.


OPINION AND ORDER

SOFAER, District Judge:

During the jury trial of this action, it became apparent that a partner in the firm representing the defendant ought to testify on behalf of his client. The court sua sponte disqualified defendant's counsel and declared a mistrial. Several of the issues raised by the disqualification deserve comment.

This is an action sounding in contract. Plaintiff alleges that the defendant Bank entered into a joint...

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