ELIZABETH STREET INC. v. 217 ELIZABETH STREET CORP.


301 A.D.2d 481 (2003)

755 N.Y.S.2d 33

ELIZABETH STREET INC., Appellant-Respondent, v. 217 ELIZABETH STREET CORP. et al., Respondents-Appellants, et al., Defendant.

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

Decided January 30, 2003.


The motion court properly determined, based on plaintiff's counsel's deposition testimony, that counsel would likely be called by defendants and that his testimony would likely be prejudicial. Indeed, it appears that counsel's testimony will be necessary, given its significance, weight and the lack of any other witness with counsel's knowledge of the essential facts (see Broadwhite Assoc. v Truong, 237 A.D.2d 162, 162-163). Accordingly...

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