MEMORANDUM AND OPINION Before the Court is Plaintiffs’ motion to disqualify Defendant Rosalia Baiamonte’s (“Baiamonte”) counsel, Jeffrey Miller (“Miller”), who is also a named defendant in this action. Specifically, Plaintiffs seek to disqualify both Miller and his law firm, Westerman Ball Ederer Miller Zucker & Sharfstein, LLP, pursuant to Rules 3.7 and 1.7 of the New York Rules of Professional Conduct. Miller and Baiamonte oppose the motion. For the following reasons, the motion is denied. BACKGROUND This case arises out of over a decade of litigation before the Nassau County Surrogate’s Court with respect to the Estate of Oleg Cassini (the “Estate”). Plaintiff Marianne Nestor Cassini (“Nestor Cassini”) is the widow of Oleg Cassini, a fashion designer, and the chief beneficiary under his will. (Am. Compl. 3.) Plaintiff Gemeaux Ltd. (“Gemeaux”) is a New York corporation for which Nestor Cassini serves as Chief Executive Officer and is a fifty-percent shareholder. (Id. 4.) Gemeaux’s business is television and film licensing, marketing, public relations, and design. (Id.) Plaintiffs allege that Nestor Cassini “has been victimized by Defendants as they have worked in concert to shamefully loot her late husband’s estate.” (Id. at p.1.) According to Plaintiffs, Defendants have “abused the legal process to steal the Estate’s assets and distribute them amongst the coconspirators and their other cronies,” extending “their thievery” to Nestor Cassini’s “business and personal assets that are not properly part of the Estate.” (Id. at p.1-2.) Named as Defendants are the County of Nassau, the Nassau County Surrogate, the current and former Nassau County Public Administrators, the Public Administrator’s attorney, the courtappointed Receiver of the Estate (Baiamonte), the Receiver’s court-appointed attorney (Miller), the Nassau County and New York City Sheriffs, a New York City auction house, and various John Does. The present iteration of this dispute finds itself here in Federal Court. Factually, it is based primarily upon three events: (1) the court-ordered arrest of Nestor Cassini after she was found in contempt of court, (id.
67-72, 85-86); (2) the court-ordered sale of McCouns Lane, a property owned by Oleg Cassini, Inc., and an asset of the Estate, (id.
