NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
January 22, 2009
EAST FORTY-FOURTH STREET LLC, PLAINTIFF-RESPONDENT,
YUSUF BILDIRICI, DEFENDANT-APPELLANT.
Order, Supreme Court, New York County (Louis B. York, J.), entered September 4, 2008, which, insofar as appealed from, denied defendant's motion to disqualify plaintiff's attorney, unanimously affirmed, with costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Andrias, Nardelli, Catterson, Moskowitz, JJ.
Disqualification for violation of the 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, 182 AD2d 911 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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