Opinion
January 22, 2009.
Order, Supreme Court, New York County (Louis B. York, J.), entered September 4, 2008, which, insofar as appealed from, denied defendant's motion to disqualify plaintiff's attorney, unanimously affirmed, with costs.
Before: Tom, J.P., Andrias, Nardelli, Catterson and Moskowitz, JJ.
Disqualification for violation of Code of Professional Responsibility DR 5-102 ( 22 NYCRR 1200.21), which requires withdrawal by counsel if it appears that he will be called as a witness, was properly denied in the absence of a showing that the testimony of plaintiff's attorney will be necessary to establish the claim or prejudicial in the event the attorney is called ( see Kirshon, Shron, Cornell Teitelbaum v Savarese, 182 AD2d 911).