Broadwhite Assoc. v. Truong

In Broadwhite Assoc. v. Truong (237 AD2d 162 [1st Dept 1997]), the Court held that where an attorney is not a "necessary" witness because the information the attorney possesses is redundant to other available testimony, a court should not resort to the drastic remedy of disqualifying counsel pursuant to the advocate-witness rule. (Id. at 163.) However, the Broadwhite Court also said that if the party moving for disqualification were able to demonstrate that the attorney's expected testimony is particularly adverse to the factual assertions of his client (something the moving parties in Broadwhite could not do), then disqualification would be warranted. (Id.)