Matter of Anonymous (Character & Fitness Committee, First Dept.): Law graduate had prior psychological episode, and Committee attempted to delay and/or stop admission. Admission was permitted without hearing.
Matter of J.S.(App. Div. Second Dept.) Grievance Committee sought an interim suspension for conversion of escrow funds. The motion before the Appellate Division was denied.
Matter of H.(Grievance Committee, Second Dept.): The Committee sought an interim suspension for lawyer refusing to return property to a client's estate for a substantial period. The Appellate Division denied the interim suspension.
Matter of G. (Court of Appeals for the Second Circuit): The Second Circuit issued an Order to Show Cause because a lawyer failed to appear at an argument. The Court dismissed the case.
Matter of G. (Grievance Committee, S.D.N.Y.): A Federal District Court Judge issued an opinion excoriating an attorney for incompetence and the neglect of a criminal case. The matter was referred to the Federal District Court Grievance Committee The Chair of the Committee issued a warning and determined not to refer the matter to the Committee for a full investigation.
Matter of D. (Grievance Committee, S.D.N.Y.): A Federal Magistrate Judge issued an opinion finding an attorney mishandled a Habeas Corpus proceeding, neglected the proceeding in a number of instances, and made misrepresentations to the Court. The Committee issued a Private Reprimand.
Matter of P.T. (Character & Fitness Committee, Second Dept.): An Applicant for admissions to the Bar received a scathing Report from a subcommittee recommending denial of the application based upon his prior conduct. The entire Committee confirmed this denial. I entered the case, and the Appellate Division remanded for further fact-finding and/or Disaffirm on remand. The same subcommittee held a second hearing, and they again recommended the denial of the application. The Court granted a Motion to Disaffirm, and the applicant was admitted to practice.
Matter of M. (Departmental Disciplinary Committee, First Dept.): The Committee alleged that an attorney failed to honor a purported lien. After a hearing, a motion to dismiss the charges was filed, and the Referee granted the motion, and the Hearing Panel affirmed.
Matter of L. (Departmental Disciplinary Committee, First Dept.): The Committee alleged that a law firm represented both buyer and seller in a real estate transaction, included the wrong clause in contract of sale, and submitted a false affidavit to the Committee. The Referee granted a dismissal, and the Hearing Panel affirmed, with reference to the Court. The Appellate Division issued a Private Reprimand.
Matter of F. (Departmental Disciplinary Committee, First Dept.): other counsel represented Mr. F., and an intentional conversion charge was sustained, which required disbarment. I entered the case and moved to reargue the intentional conversion charge before the Referee. The conversion charge was dismissed. As a result of the intentional conversion charge being dismissed, the Referee recommended a one-and-a-half-year suspension based upon the remaining misconduct. The Hearing Panel followed a request to recommend a Public Censure. The case was submitted to the Appellate Division, and Staff recommended a one-and-a-half-year suspension. But the Appellate Division ultimately issued a three-month suspension (with automatic reinstatement).
Matter of Z. (Grievance Committee, Second Dept.): The Committee alleged an intentional conversion before I entered the case. I ultimately was able to have the Appellate Division issue a Censure.
Civil Litigation
D.S. v. S & E: A disbarred lawyer sought to hold former firm's telephone number hostage. I filed an action to stop this extortion until a settlement of entire dissolution could be settled.
G. v. R.: A disbarred lawyer brought an action against his former partner, my client, to compel an accounting and other discovery. I moved to dismiss and the former partner cross-moved for summary judgment. Justice Leonard B. Austin dismissed the action.
Prudential v. Ajamie, et al.: An attorney entered into fee-sharing agreement with lead trial counsel, and a dispute arose regarding the enforceability of the agreement. A federal interpleader action was brought, and I moved for summary judgment to enforce the agreement against trial counsel. Judge Jed Rakoff held that the agreement should be enforced. The matter settled before trial.
King v. Fox: Judge Robert W. Sweet granted summary judgment for an attorney I represented and denied claims of overreaching, fraud, and excessive fees. The Second Circuit certified questions to the New York Court of Appeals, and the Court answered the three certified questions favorable to the attorney. The matter was remanded to Judge Sweet. After a jury trial, the client's claims against the attorney were dismissed.
Shillingfor v. Phipps Plaza South: Justice Louise Gruner-Gans denied a motion filed against my client, which sought sanctions, disqualification, and a referral to the disciplinary authorities for improper solicitation in a class action.
Sette v. Appleby: Judge Eileen Rakower dismissed a client's claim that her attorney, my client, coerced her into taking a loan secured by her litigation recovery.
