MATTER OF OWEN & MANDOLFO, INC. v. DAVIDOFF OF GENEVA, INC.


197 A.D.2d 370 (1993)

602 N.Y.S.2d 369

In the Matter of Owen & Mandolfo, Inc., Appellant, v. Davidoff of Geneva, Inc., Respondent

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

October 7, 1993


We agree with the IAS Court that petitioner has failed to establish grounds for the disqualification of respondent's law firm. Under 1990 amendments to the Code of Professional Responsibility DR 5-102 (A) (22 NYCRR 1200.21 [a]), a law firm is permitted to continue representation of a client even though one of the firm's attorneys will be called as a witness on behalf of the client before a tribunal (see, Kaplan v Maytex Mills, 187 A.D.2d 565...

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