PRESSER v. M. SPIEGEL & SONS OIL CORP.


106 A.D.2d 560 (1984)

Gabe Presser, Appellant, v. M. Spiegel & Sons Oil Corporation et al., Respondents

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

December 24, 1984


Appeal from the order entered August 12, 1983 dismissed, without costs or disbursements. That order was superseded by the order entered upon reargument.

Order entered October 13, 1983 affirmed, insofar as appealed from, without costs or disbursements.

From the very inception of this matter, it should have been "obvious" to plaintiff's counsel that he "ought to be called as a witness" and, therefore, he should not have accepted employment in the contemplated...

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