Practice point: To disqualify an attorney under rule 3.7(a) of 22 NYCRR 1200.0, the Rules of
Professional Conduct, the moving party must
demonstrate that the testimony of the opposing party's counsel is
necessary to the moving party's case, and that such testimony would be
prejudicial to the opposing party.
Student note: The Rules of Professional Conduct are not binding authority and provide guidance only.
Case: Cathedral Ct. Assocs., L.P. v Cathedral Props. Corp., NY Slip Op 02252 (2d Dept. 2014).
Here is the decision.
Tomorrow's issue: Post-appeal motions to renew.
