BAKER v. KOHLER


300 A.D.2d 135 (2002)

751 N.Y.S.2d 472

HAROLD D'O. BAKER et al., Respondents, v. WILLIAM R. KOHLER et al., Defendants, and PAUL MISHKIN et al., Appellants.

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

Decided December 17, 2002.


Inasmuch as defendant Mishkin, an attorney, has already been called as a witness at trial and is likely to testify again, he was properly precluded from undertaking, in midtrial, to represent appellants by the expedient of having himself designated "of counsel" to the law firm acting as appellants' counsel (see Feygin v Martell, 283 A.D.2d 304, 305; Zweig v Safeco Ins. Co. of Am., 125 A.D.2d 205

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