Opinion
08 Civ. 4907 (RPP).
July 9, 2008
OPINION ORDER
Defendants' motion to disqualify Robert L. Rimberg, Esq., and Goldberg Rimberg, PLLC, as counsel for Plaintiffs 972 Irrevocable Trust and Intermed Gas Products LLC (Doc. No. 19) is denied.
Defendants have not presented sufficient evidence that Robert L. Rimberg will be a necessary witness in this action seeking to recover funds allegedly misapplied by Defendants. Accordingly, disqualification under DR 5-102(A) and DR 5-102(B) of the New York State Code of Professional Responsibility has not been adequately shown.
Similarly, Defendants have failed to state facts sufficient to show that a disinterested lawyer would believe that Robert L. Rimberg's professional judgment reasonably would be affected by any financial interest he may have in either Plaintiff, under the standard in DR-501.
Defendants' motion (Doc. No. 19) is denied without prejudice to renewal after discovery has been completed.
IT IS SO ORDERED.