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MATTER OF BIRNBAUM

118 Misc.2d 267 (1983)

In the Matter of Saul I. Birnbaum, as Coexecutor of The Estate of Bernard P. Birnbaum, Deceased.

Surrogate's Court, Monroe County.

March 16, 1983

Attorney(s) appearing for the Case

Stroock, Stroock & Lavan (Charles G. Moerdler of counsel), and Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Robert Oppenheimer of counsel), for Saul I. Birnbaum. Harris, Beach, Wilcox, Rubin & Levey (Sydney Rubin of counsel), for Janice S. Birnbaum.

ARNOLD F. CIACCIO, S.

In this proceeding one of the two coexecutors, Saul Birnbaum, seeks to disqualify the law firm of Harris, Beach, Wilcox, Rubin and Levey (hereafter Harris, Beach) as attorneys for the other coexecutrix, Janice S. Birnbaum, in either her representative capacity as coexecutrix or in her individual capacity as a beneficiary under her late husband's will. The petitioner alleges that Harris, Beach cannot fairly and without conflict of...

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