UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
July 9, 2008
972 IRREVOCABLE TRUST AND INTERMED GAS PRODUCTS, LLC, PLAINTIFFS,
MICHAEL LAING, ROBERTA PUGLIESE, LAING HOLDINGS CORPORATION AND INTERACTIVE MEDICAL TECHNOLOGIES, CORP., DEFENDANTS.
The opinion of the court was delivered by: Robert P. Patterson, Jr., U.S.D.J.
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.
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