Ninth Federal Savings & Loan Ass'n v. Quote Me, Inc.

Order, Supreme Court, New York County, entered April 11, 1980, denying defendant’s motion to set aside a default judgment and the judgment entered April 16, 1980, in plaintiff’s favor, unanimously reversed, on the law, and in the exercise of discretion, without costs or disbursements, the motion granted and the judgment vacated. As this matter was about to proceed to trial without a jury, defendant’s attorney, stating "I am probably the main witness for the defendant in this action”, requested permission to participate both as trial counsel and as a witness. Citing DR 5-102 of the Code of…