Barker v. Barker

—Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered November 13, 2001, which, inter alia, denied defendant-appellant’s motion°to preclude plaintiff from testifying at trial as either a party or a nonparty and, in the event that plaintiff is allowed to testify as a nonparty, to disqualify his coplaintiff’s attorney from representing her at trial, unanimously affirmed, without costs.

Appellant’s motion to preclude plaintiff from testifying as a party at trial was properly denied. While plaintiff at one point indicated a willingness to discontinue, and a stipulation was prepared to…