Legal Opinion

Dishi v. Federal Insurance

Appellate Division of the Supreme Court of the State of New York

Decided December 12, 2013Published

1Opinion of the Court

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered May 22, 2013, which, insofar as appealed from as limited by the briefs, denied defendants Goodhart National Gorman Agency, Inc. and Michael Berr’s cross motion to disqualify plaintiff’s counsel without prejudice to renew at the close of discovery, unanimously affirmed, without costs.

On a motion for disqualification, “[t]he challenging party carries a heavy burden of identifying the projected testimony of the advocate-witness and demonstrating how it would be so adverse to the factual assertions or account of events offered on…

2Cases cited4 opinions

  1. S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
  2. Norman Norell, Inc. v. Federated Department Stores, Inc.District Court, S.D. New York · 1978
  3. Broadwhite Associates v. TruongAppellate Division of the Supreme Court of the State of New York · 1997
  4. Phoenix Assurance Co. v. C.A. Shea & Co.Appellate Division of the Supreme Court of the State of New York · 1997

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