The disqualification of an attorney is a matter which rests within the sound discretion of the trial court. A party's entitlement to be represented in ongoing litigation by counsel of its own choosing is a valued right which should not be abridged absent a clear showing that disqualification is warranted, and the movant bears the burden on the motion. A party moving to disqualify counsel on the ground that he may be called as a witness must demonstrate that (1) the testimony of the opposing party's counsel is necessary to its case, and (2) the testimony would be prejudicial to the opposing party. Testimony may be relevant and even highly useful but still not strictly necessary. A finding of necessity takes into account such factors as the significance of the matters, weight of the testimony, and availability of other evidence.
Gamez v. Lopez, NY Slip Op 05250 (2d Dep't October 18, 2023)
