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GOLDBERGER v. EISNER

21 A.D.3d 401 (2005)

799 N.Y.S.2d 778

ERNO GOLDBERGER, et al., Appellants, v. BENJAMIN EISNER et al., Respondents.

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

August 8, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.

The Supreme Court improvidently exercised its discretion in granting the defendants' motion to disqualify the plaintiffs' counsel pursuant to Code of Professional Responsibility DR 5-102 (d) (22 NYCRR 1200.21 [d]). To obtain disqualification of counsel pursuant to that provision, the party moving for disqualification must demonstrate that (1) the testimony...

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