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UNGER v. UNGER

15 A.D.3d 389 (2005)

790 N.Y.S.2d 176

ARTHUR UNGER, Appellant, v. JEANNE UNGER, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 7, 2005.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, and the branch of the motion which was to disqualify the plaintiff's attorney is denied.

The defendant failed to meet her burden of making a "clear showing" that the disqualification of the plaintiff's attorney is warranted in this case (see Olmoz v Town of Fishkill, 258 A.D.2d 447 [1999]; Haberman v City...

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