Matter of Ehrlich v. Wolf

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered December 6, 2013, which granted petitioner’s motion to disqualify respondent Michael Wimpfheimer, Esq., from acting as trial counsel for co-respondent David Wolf in this action, unanimously affirmed, without costs.

The motion court providently exercised its discretion in granting petitioner’s disqualification motion. Petitioner demonstrated that Wimpfheimer is “likely to be a witness on a significant issue of fact” (Rules of Professional Conduct [22 NYCRR 1200.0] rule 3.7 [a]). Petitioner estate alleges, among other things,…