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MOSCA v. EXPLORER CHARTERS

194 Misc.2d 360 (2002)

754 N.Y.S.2d 823

JOHN MOSCA, Plaintiff, v. EXPLORER CHARTERS, LTD., Defendant.

Supreme Court, Kings County.

November 15, 2002.

Attorney(s) appearing for the Case

Wertheimer Associates, New York City (Robin M. Wertheimer of counsel), for plaintiff.

Donovan Parry McDermott & Radzik, New York City (Marc I. Kunkin of counsel), for defendant.

OPINION OF THE COURT

MARGARET CAMMER, J.

Plaintiff raises a novel issue on this motion to, inter alia, disqualify defendant's law firm from continuing to participate in the defense of this matter because one of its attorneys was present during plaintiff's examination by a psychiatrist selected by defendant. Plaintiff argues that such involvement makes the attorney a witness in the case, thereby requiring his disqualification.

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