The disqualification of an attorney is a matter that rests within the sound discretion of the trial court. Pursuant to Rule 3.7(a) of the Rules of Professional Conduct (22 NYCRR 1200.0), disqualification is warranted where it is likely that the attorney will be a witness on a significant issue of fact. Disqualification also is warranted in order to avoid the appearance of impropriety.
Alnoukari v. Nokari, NY Slip Op 03760 (2d Dep't July 12, 2023)