Island Pa-Vin Corp. v. Klinger

During the course of a nonjury trial and in the midst of cross-examination of plaintiff’s principal witness by defendant’s attorney, the court discovered that the cross-examiner was also the witness’ lawyer. The propriety of the attorney’s action and the obligations of the trial court are thus the subject of this opinion. The facts follow.

Plaintiff brought an action against the estate of Charles W. Trench ¡(Trench) alleging that the deceased had entered into a joint venture with it to construct the Glen Oaks Country Club golf course in Old Westbury. During the course of the project, Trench…