Zagari v. Zagari

Hayes and Scudder, JJ.

(dissenting). We respectfully dissent. Disqualification of an attorney or a law firm “may be required only when it is likely that the testimony to be given by the witness is necessary” (S & S Hotel Ventures Ltd. Partnership v 777 S.H. Corp., 69 NY2d 437, 445-446). “Testimony may be relevant and even highly useful but still not strictly necessary. A finding of necessity takes into account such factors as the significance of the matters, weight of the testimony, and availability of other evidence” (id. at 446; see Burdett Radiology Consultants v Samaritan Hosp., 158 AD2d…