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Judge Bedford http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=44400 IN THE CONTEXT of petitioner landlord’s owner’s use holdover action, offers of housing in compliance with Rent Stabilization Code §2524.4(a) and their rejection by the senior citizen tenant, were conveyed through the parties’ respective counsel. Oral disqualification motions were made based on the parties’ offering their counsel as witnesses concerning the offers. The court disqualified the individual attorneys while noting that other attorneys of their firms were not disqualified. Using the advocate-witness disqualification rule of disciplinary Rule §5-102 as guidance and citing Korfmann v. Kemper Natl. Ins. Co., the court concluded that it would be an improvident exercise of its discretion to deny the disqualification motions because whether offers of comparable housing had been made went to the heart of the parties’ claims and the parties’ attorneys were essential witnesses as to the offers, who should be called as witnesses on behalf of their clients.

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