Town of Tusten v. Clark Engineers

Appeal from an order of the Supreme Court (Williams, J.), entered September 25, 1991 in Sullivan County, which denied defendants’ motion to disqualify Goldstein & Stoloff as plaintiffs counsel.

Defendants first sought to disqualify attorney Carl Goldstein as counsel for plaintiff in February 1989, alleging that he is a necessary witness (see, Code of Professional Responsibility DR 5-102 [B] [22 NYCRR 1200.21 (b)]). Supreme Court reserved decision on defendants’ disqualification claim pending further discovery. In July 1990 defendants again sought Goldstein’s disqualification, alleging in…