A trial judge should have granted a divorcing husband’s motion to disqualify the law firm representing his wife because one of its attorneys had gained knowledge of the husband’s business information, a Brooklyn appellate court has ruled.
The 3-1 panel of the Appellate Division, Second Department, said Wednesday that while the disqualification of an attorney generally falls within the court’s discretion, the “very appearance of a conflict of interest” in Cohen v. Cohen, 202619/11, “was alone sufficient” to warrant disqualification of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger.
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