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WIRTH v. STEVEN R. KRAWITZ, P.C.

3884, 103735/08, 590085/09.

79 A.D.3d 538 (2010)

911 N.Y.S.2d 905

PAMELA WIRTH et al., Appellants, v. STEVEN R. KRAWITZ, P.C., et al., Respondents. (And a Third-Party Action.)

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

Decided December 14, 2010.

Defendants met their burden of demonstrating that William Greenberg's testimony will be necessary to their third-party action (see S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 N.Y.2d 437, 443 [1987]) and that Greenberg's dual role of advocate and witness will create the appearance of representing conflicting interests (see Rules of Professional Conduct [22...

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