Wolk v. Wolk

On December 8, 1971 the above-entitled matter was assigned to me for trial without a jury. Prior to the taking of any proof and at the opening of the trial, defendant, Louis S. Wolk, moved orally without notice to disqualify David M. Levy, Esq., as trial counsel for the plaintiff on the ground -of canon 5 of the Code of Professional Responsibility. The motion of the defendant was granted. An order thereon has not been entered.

Plaintiff .thereafter and on due notice moved before me in chambers on December 10, 1971, on the Clerk’s minutes of December 8, 1971, and the affidavits of David M.…