Tenant's Attorney Not Disqualified

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed pass-on rights. Occupant's attorney asked the court to appoint a guardian for occupant. The attorney also asked the court for permission to testify as a fact witness for occupant and still be his attorney. Landlord opposed the request for a guardian and argued that occupant's attorney should be disqualified as attorney in the case if he was going to be a witness. Court: The court denied the request for a guardian. Even though a doctor's report said that occupant was schizophrenic, the judge questioned occupant and found that he understood his rights and could adequately assist in preparing his defense. Also, occupant waited two years after the case started and after pretrial questioning had been conducted to make this request. The court also denied landlord's request for disqualification. It wasn't clear what the attorney intended to testify about at the trial. And it would be a serious hardship to occupant to disqualify his attorney. Landlord could again seek disqualification at the trial if there was real harm presented by allowing the attorney to testify.

355 W. 85th St. Corp. v. Tremblay: NYLJ, 4/3/02, p. 18, col. 5 (Civ. Ct. NY; Alpert, J)