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NATIONSCREDIT FINANCIAL SERVICES CORP. v. TURCIOS

41 A.D.3d 802 (2007)

839 N.Y.S.2d 523

NATIONSCREDIT FINANCIAL SERVICES CORP., Respondent, v. LUIS A. TURCIOS et al., Appellants, et al., Defendants.

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

Decided June 26, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The disqualification of an attorney is a matter which rests within the sound discretion of the trial court (see Boyd v Trent, 287 A.D.2d 475 [2001]). Disqualification is warranted if the attorney's testimony is necessary (see S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 N.Y.2d 437, 445-446...

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