S & S HOTEL v. 777 S. H. CORP


69 N.Y.2d 437 (1987)

S & S Hotel Ventures Limited Partnership, Appellant, v. 777 S. H. Corp., Respondent.

Court of Appeals of the State of New York.

Decided April 30, 1987.


Attorney(s) appearing for the Case

Allen Green and Jacob H. Zamansky for appellant.

Jonathan M. Herman and Scott T. Tross for respondent.

Chief Judge WACHTLER and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER taking no part.


KAYE, J.

The advocate-witness disqualification rules contained in the Code of Professional Responsibility provide guidance, not binding authority, for courts in determining whether a party's law firm, at its adversary's instance, should be disqualified during litigation. Courts must, in addition, consider such factors as the party's valued right to choose its own counsel, and the fairness and effect in the particular...

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