Zagari v. Zagari

—Appeal from that part of an order of Supreme Court, Monroe County (Lunn, J.), entered October 17, 2001, that denied plaintiffs motion to disqualify the law firm of Biernbaum, Inclima & Meyer, LLP, from representing defendant.

It is hereby ordered that the order insofar as appealed from be and the same hereby is reversed on the law without costs and the motion is granted.

Memorandum: Supreme Court erred in denying plaintiffs motion to disqualify the law firm representing defendant in this matrimonial action. Plaintiff met his burden of demonstrating that at least one member of the law firm…