The plaintiffs, who are elderly homeowners, brought an action alleging a large-scale mortgage fraud scheme perpetrated by the defendants.
During an injunction motion, the plaintiffs moved to remove the defendants' counsel, Mr. Fischhoff, arguing he was a material witness regarding a disputed conversation with the plaintiffs about the impugned mortgages.
Mr. Fischhoff brought a cross-motion to remove the plaintiffs' counsel.
The court granted the plaintiffs' motion, finding that Mr. Fischhoff was a material witness to a critical disputed fact and could not cross-examine the plaintiffs on his own communications with them.
The cross-motion to remove the plaintiffs' counsel was dismissed as entirely without merit.