In Alicea v. Bencivenga, 270 A.D.2d 125, 1st Dept 2000, the moving lawyer joined plaintiffs' law firm two years after the action began. Before joining plaintiffs' law firm, defendant's former attorney was "personally responsible" for handling the defense, evaluating the case, and conducting the depositions. The court refused to consider plaintiffs' offer to create a "Chinese wall" to shield the moving lawyer from the other attorneys involved in prosecuting the case and held that plaintiffs' counsel did not overcome the presumption of disqualification.