Mosca v. Explorer Charters, Ltd.

OPINION OF THE COURT

Margaret Cammer, J.

Plaintiff raises a novel issue on this motion to, inter alia, disqualify defendant’s law firm from continuing to participate in the defense of this matter because one of its attorneys was present during plaintiff’s examination by a psychiatrist selected by defendant. Plaintiff argues that such involvement makes the attorney a witness in the case, thereby requiring his disqualification.

*361Background

Plaintiff fell from defendant’s fishing boat in the middle of the night when the boat was approximately 100 miles offshore. The injuries plaintiff claims are…