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EAST FORTY-FOURTH STREET LLC v. BILDIRICI

58 A.D.3d 542 (2009)

870 N.Y.S.2d 790

EAST FORTY-FOURTH STREET LLC, Respondent, v. YUSUF BILDIRICI, Appellant.

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

January 22, 2009.

Disqualification for violation of Code of Professional Responsibility DR 5-102 (22 NYCRR 1200.21), which requires withdrawal by counsel if it appears that he will be called as a witness, was properly denied in the absence of a showing that the testimony of plaintiff's attorney will be necessary to establish the claim or prejudicial in the event the attorney is called (see Kirshon, Shron, Cornell & Teitelbaum v Savarese,<...

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