Arons v. Charpentier
Cases that cite this one
1 later published case cites this decision.
- Wolfson v. Posner (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by her brief, from so
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff claims that disqualification of the defendant RosaLee Charpentier, as counsel for the defendants Barbara Mackey and Thomas Mackey, was warranted, pursuant to the Code of Professional Responsibility DR 5-102 (22 NYCRR 1200.21) based on the plaintiffs intention of calling counsel as a witness on a significant issue both at deposition and trial. “Disqualification may be required only when it is likely that the testimony to be given by the witness is necessary” (S & S Hotel Ventures Ltd. Partnership v 777 S.H. Corp., 69 NY2d 437, 445-446 [1987]).
In this case, the plaintiff failed to satisfy her burden of demonstrating that Charpentier’s testimony was necessary (see S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., supra at 445-446). Therefore, the Supreme Court providently exercised its discretion in denying that branch of the plaintiffs motion which was to disqualify (see Olmoz v Town of Fishkill, 258 AD2d 447 [1999]). Florio, J.P., Krausman, Townes, Mastro and Fisher, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.