Legal Opinion

NYC Medical & Neurodiagnostic, P.C. v. Republic Western Ins.

Civil Court of the City of New York

Decided November 10, 2004Published

1Opinion of the Court

OPINION OF THE COURT

Manuel J. Mendez, J.

*276Defendant moves for an order disqualifying the firm of Baker, Barshay & Neuwirth, LLP from continuing to represent the plaintiff in this action. Defendant alleges that the firm is in violation of Code of Professional Responsibility DR 5-102 (22 NYCRR 1200.21) and must be disqualified from representing the plaintiff because one of its members ought to be called as a witness in the proceeding.

Facts

Plaintiff, a medical services provider, provides medical services to individuals and bills the insurance carriers under the state No-Fault Law. Following…

2Cases cited14 opinions

  1. S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
  2. Talvy v. American Red Cross in Greater New YorkAppellate Division of the Supreme Court of the State of New York · 1994
  3. Talvy v. American Red Cross in Greater New YorkNew York Court of Appeals · 1995
  4. Freeman v. Kulicke & Soffa Industries, Inc.District Court, E.D. Pennsylvania · 1978
  5. Ocean-Clear, Inc. v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983

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