Macro Cash & Carry Corp. v. Berkman

— Order, Supreme Court, New York County, entered January 2, 1981, unanimously reversed, on the law and the facts and in the exercise of discretion, with costs, and the motion to disqualify plaintiffs’ attorneys is denied. Defendant-respondent, an individual being sued in connection with an aborted joint venture, has claimed that, by reason of prior professional relationship with a member of the law firm presently representing plaintiff-appellant in this suit, that firm is disqualified from employment in this case. “In such a proceeding the burden is upon the one seeking disqualification of…