Clifford v. Montana Mills Bread Co.

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied that part of the motion of defendant Montana Mills Bread Co., Inc. seeking to disqualify John Parrinello, Esq., from acting as plaintiffs attorney in the instant action. Although Parrinello’s partner is disqualified from representing plaintiff on the ground that he ought to be called as a witness on plaintiffs behalf (see, Code of Professional Responsibility DR 5-102 [c] [22 NYCRR 1200.21 (c)]; Hillcrest Owners v Preferred Mut. Ins. Co., 234 AD2d 269), there is no basis for concluding that the partner’s…