Goldberger v. Eisner

In an action, inter alia, to enjoin the defendants from enforcing a judgment, the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (M. Garson, J.), dated June 24, 2004, as granted the defendants’ motion to disqualify the plaintiffs’ counsel.

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…