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MATTER OF BARTOLI

143 A.D.2d 830 (1988)

In the Matter of The Estate of Cosmo Bartoli, Deceased. Maria R. Barrelli et al., Appellants; Gelcaio M. Cordello, Respondent

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

October 17, 1988

Ordered that the order is affirmed, with costs payable to the respondent by the appellants.

It is well settled that an attorney may not accept employment in contemplated or pending litigation if he knows or it is obvious that he or a member of his firm ought to be called as a witness (see, Code of Professional Responsibility DR 5-101 [B]; Brill v Friends World Coll., 133 A.D.2d 729

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