Legal Opinion
In re the Estate of Bartoli
Appellate Division of the Supreme Court of the State of New York
Decided October 17, 1988PublishedCited by 7 opinions
1Opinion of the Court
In a probate proceeding, the objectants appeal from an order of the Surrogate’s Court, Nassau County (Radigan, S.), dated December 9, 1987, which granted the respondent’s motion to disqualify the law firm of Morris and Eisenberg from acting as trial counsel for the objectants.
Ordered that the order is affirmed, with costs payable to the respondent by the appellants.
*831It is well settled that an attorney may not accept employment in contemplated or pending litigation if he knows or it is obvious that he or a member of his firm ought to be called as a witness (see, Code of Professional…
2Cases cited4 opinions
- People v. PapernoNew York Court of Appeals · 1981
- Brill v. Friends World CollegeAppellate Division of the Supreme Court of the State of New York · 1987
- Solomon v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1986
- In re the Estate of BartoliNew York Surrogate's Court · 1987
3Cited by7 opinions
- Paretti v. Cavalier Label Co., Inc.District Court, S.D. New York · 1989
- Chapman Engineers, Inc. v. Natural Gas Sales Co.District Court, D. Kansas · 1991
- Stober v. Gaba & StoberAppellate Division of the Supreme Court of the State of New York · 1999
- Parke-Hayden, Inc. v. Loews Theatre Management Corp.District Court, S.D. New York · 1992
- Mayerson v. DeBuonoNew York Supreme Court · 1999
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