On March 25, 2021, the First Department issued a decision in United States Life Ins. Co. in the City of N.Y. v. Horowitz, 2021 NY Slip Op. 01877, holding that a release did not bar a Judiciary Law Section 487 claim, explaining: Judiciary Law § 487(1) provides that an attorney who is guilty of any... Read more »
Blogs
Posts Categorized: Law Firms and Professional Ethics
Conclusory Allegations Insufficient Basis for Judiciary Law 487 Claim
On February 10, 2021, the Second Department issued a decision in Cordell Marble Falls, LLC v. Kelly, 2021 NY Slip Op. 00833, holding that conclusory allegations were an insufficient basis for a Judiciary Law 487 claim, explaining: Under Judiciary Law § 487(1), an attorney who is guilty of any deceit or collusion, or consents to... Read more »
Corporation May Avoid Prohibition on Corporation Appearing Pro Se by Assigning Claim
On January 14, 2021, Justice Sherwood of the New York County issued a decision in Anthony T. Rinaldi, LLC v. Anchorage Constr. Corp., 2021 NY Slip Op. 30126(U), holding that a corporation may avoid the prohibition on a corporation appearing pro se by assigning its claim, explaining: Plaintiffs motion to dismiss must be denied. Though... Read more »
Judiciary Law Section 487 Claim Dismissed for Lack of Specific, Non-Conclusory Allegations
On December 2, 2020, the Second Department issued a decision in DeMartino v. Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, 2020 NY Slip Op. 07163, affirming the dismissal of a Judiciary Law 487 claim for lack of specific, non-conclusory allegations, explaining: Pursuant to Judiciary Law § 487, an attorney who is guilty of... Read more »
Law Firm Disqualified Because of Acquired Law Firm’s Prior Representation of Opposing Party
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Goren v. Barnett, 2020 NY Slip Op. 32952(U), disqualifying a law firm because a firm that it had acquired previously had represented an opposing party, explaining: From 2010 to approximately 2013, the law firm of Amstein & Lehr... Read more »
Counsel Disqualified Based on Client’s Conflict
On April 21, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Alam v. Ahmad, 2020 NY Slip Op. 31423(U), disqualifying a law firm based on its client’s conflicts, explaining: Plaintiffs’ theory of disqualification is rooted in Rule of Professional Responsibility 1.9(c) which provides that [a] lawyer who formerly represented... Read more »
Attorney Can Be Liable for Participating in a Client’s Tortious Misconduct
On March 31, 2020, Justice Schecter of the New York County Commercial Division issued a decision in FGP 1, LLC v. Dubrovsky, 2020 NY Slip Op. 30899(U), holding that an attorney can be liable for participating in a client’s tortious misconduct, explaining: The parties dispute, however, whether Stewart, given his status as Dubovsky’s attorney, can... Read more »
Judiciary Law 487 Does Not Cover Non-Meritorious Legal Arguments
On March 31, 2020, the Court of Appeals issued a decision in Bill Birds, Inc. v. Stein Law Firm, P.C., 2020 NY Slip Op. 02125, holding that Judiciary Law 487 does not cover non-meritorious legal arguments, explaining: Under Judiciary Law § 487(1), an attorney who is guilty of any deceit or collusion, or consents to... Read more »
What is the Coronavirus Aid, Relief and Economic Security (“CARES”) Act?
What is the Coronavirus Aid, Relief and Economic Security (“CARES”) Act? By Hillary S. Zilz, Elliott Blanchard and Sam L. Butt. The CARES Act is the federal government’s $2 trillion response to the Covid-19 pandemic. The CARES Act provides for a variety of aid programs to help businesses and individuals affected by the Covid-19 virus.... Read more »
Conflict Not Disqualifying When Prior Representation Unrelated to Current One
On March 4, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in Shoreham Hills, LLC v. Sagaponack Dream House, LLC, 2020 NY Slip Op. 50326(U), holding that a conflict was not disqualifying when the prior representation was unrelated to the current representation, explaining: The plaintiffs seeks disqualification of the defendants’ attorney,... Read more »