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FUTURISTIC REALTY CORP. v. MAURO

Appellate Division of the Supreme Court of New York, Second Department.
Mar 16, 1987

Ordered that the order is reversed insofar as appealed from, with costs, and that branch of the plaintiff's cross motion which was for disqualification of the appellants' counsel is denied.

The plaintiff's conclusory allegations fail to show that the appellants' counsel ought to be called as a witness at the trial of this action; therefore, the plaintiff's motion to disqualify him should have been denied (see, Lefkowitz v. Mr. Man, 111 A.D.2d 119, 121). Rubin, J.P., Kunzeman, Spatt and Harwood, JJ., concur.