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FRIAS v. FRIAS

155 A.D.2d 585 (1989)

Marta Frias, Respondent, v. Jose Frias et al., Defendants, and Maria Frias, as Administratrix of The Estate of Rosa Frias, Deceased, Appellant

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

November 20, 1989

Ordered that the order is reversed, with costs payable by the plaintiff, and the plaintiff's cross motion is denied.

We find that the plaintiff has failed to meet her burden of establishing that if counsel for the defendant Maria Frias is called as a witness by the plaintiff, his testimony will or may be prejudicial to his client (Code of Professional Responsibility DR 5-102 [B]; Ocean-Clear, Inc. v Continental Cas. Co., 94 A.D.2d 717

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