The following excerpt is from Will of O'Malley, Matter of, 141 Misc.2d 863, 534 N.Y.S.2d 854 (N.Y. Surr. Ct. 1988):
However, the overriding factor is whether the continuance of representation by the party's attorney would result in the "unseemly situation where an advocate must argue his own credibility before the trier of fact." North Shore Neurosurgical Group v. Leivy, 72 A.D.2d 598, 599, 421 N.Y.S.2d 100.
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