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OVED & OVED, LLP v. ZANE

6962N, 652932/12.

162 A.D.3d 569 (2018)

75 N.Y.S.3d 417

2018 NY Slip Op 04664

Oved & Oved, LLP, Respondent, v. Ted Zane, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 21, 2018.

Defendant's motion was properly denied because "[w]hile the disciplinary rules preclude an attorney from acting as both witness and advocate in the same proceeding, the prohibition does not apply where, as here, the attorney is a litigant" (Walker & Bailey v We Try Harder, 123 A.D.2d 256, 257 [1st Dept 1986]). The fact that plaintiff is seeking to recover fees under a theory of quantum meruit does not compel a different result...

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