Morgasen v. Federated Consultant Service

—In an action to recover damages, inter alia, for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Di Noto, J.), dated November 27, 1989, as denied its motion to disqualify the plaintiffs’ attorneys.

Ordered that the order is affirmed insofar as appealed from, with costs.

An attorney should be disqualified once it is determined that he or she ought to testify at trial (see, S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 NY2d 437; Code of Professional Responsibility DR 5-101 [B]; DR 5-102 [A]). However,…