Legal Opinion
Wolfson v. Posner
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2008PublishedCited by 2 opinions
1Opinion of the Court
In this action to recover damages for legal malpractice, the defendants moved to disqualify Richard Yeskoo, and his law firm, Yeskoo, Hogan & Tamlyn, LLP, from representing the *980plaintiff on the basis that Yeskoo had knowledge of the underlying litigation from which the allegations of legal malpractice arose. The defendants, citing Code of Professional Responsibility DR 5-102 (22 NYCRR 1200.21), maintained that Yeskoo, and members of his firm, were necessary witnesses for the plaintiff.
“Disqualification may be required only when it is likely that the testimony to be given by the witness is…
2Cases cited7 opinions
- S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
- Zutler v. Drivershield Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Bentvena v. EdelmanAppellate Division of the Supreme Court of the State of New York · 2008
- Hudson Valley Marine, Inc. v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 2008
- Goldstein v. HeldAppellate Division of the Supreme Court of the State of New York · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Friia v. PalumboAppellate Division of the Supreme Court of the State of New York · 2011
- Goldman v. GoldmanAppellate Division of the Supreme Court of the State of New York · 2009