TATALOVIC v. NIGHTLIFE ENTERPRISES, L.P.

1958N, 102297/06

69 A.D.3d 439 (2010)

891 N.Y.S.2d 279

2010 NY Slip Op 79

JELICA TATALOVIC, Respondent, v. NIGHTLIFE ENTERPRISES, L.P., et al., Appellants, et al., Defendant.

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

Decided January 7, 2010.


Rule 3.7 (b) (1) of the Rules of Professional Conduct (22 NYCRR 1200.0) provides that "[a] lawyer may not act as advocate before a tribunal in a matter if: (1) another lawyer in the lawyer's firm is likely to be called as a witness on a significant issue other than on behalf of the client, and it is apparent that the testimony may be prejudicial to the client." Here, plaintiff sufficiently established that a member of the subject...

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