FALK v. GALLO

2009-07123

73 A.D.3d 685 (2010)

901 N.Y.S.2d 99

JEFFREY FALK et al., Appellants, v. VICTOR GALLO et al., Respondents.

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

Decided May 4, 2010.


Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action, inter alia, to recover damages for breach of contract. The defendants moved to disqualify the plaintiffs' attorney on the ground that he was a necessary trial witness for the defendants because he was present during conversations between the parties regarding the terms of the oral agreement at issue. The Supreme Court granted the defendants' motion, and we affirm.

The disqualification...

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