From Divorce To Disbarment
The District of Columbia Court of Appeals has suspended an attorney pending final discipline based on his New York disbarment.
Zappin was suspended on an interim basis based upon discipline imposed in New York.
The Appellate Division for the First Judicial Department had applied collateral estoppel to findings in the attorney’s divorce case in ordering disbarment
The Committee sought, and this Court issued, an order pursuant to the doctrine of collateral estoppel based upon the February 29, 2016 order and decision issued in respondent’s divorce and custody action (Zappin v Comfort, Sup Ct, NY County, Cooper, J., index No. 301568/14). Supreme Court’s 100-page decision and order had granted respondent’s wife sole custody of the couple’s then two-year-old son and found that respondent, a pro se litigant: had repeatedly perpetrated acts of domestic violence against his wife; had testified falsely at a custody trial; had knowingly introduced falsified evidence during the proceedings in the form of altered text messages; had presented misleading testimony through his expert witnesses; had, beginning in April 2014, engaged in acts that repeatedly demonstrated disrespect for the court and counsel, by, inter alia, flouting the judicial directives of three judges (a judge of the District of Columbia Superior Court, the original matrimonial judge and the matrimonial judge who made these findings [matrimonial judge]), setting up a fake website about the attorney for the child by registering her name as a domain name and posting derogatory messages about her on it, and baselessly filing a disciplinary complaint against a court-appointed psychiatric expert witness. Additionally, Supreme Court found that respondent had sent text messages to his wife, an attorney, threatening her with loss of her license to practice law and professional ruin; had made grossly offensive remarks during cell phone conversations with his then three-month-old son in which he baselessly accused his father-in-law of being a child sexual abuser who could harm the child; had engaged in frivolous and abusive litigation against his wife, her parents, and her attorneys; and had attempted to publicly defame the attorney for the child.
Details of the underlying litigation and sanction can be found in this opinion of the United States District Court for the Southern District of New York dismissing claims brought by attorney against the judge and news outlets that reported on the case.
In sum, the Article presents a substantially accurate report of the November 10 Hearing and its related background materials, such as the Sanctions Decision. While much of the Article consists of either direct quotations from the hearing and the decision or summaries thereof, as discussed above, any minor inaccuracies or alleged omissions do not produce a different effect on the reader than the precise truth. See Karedes, 423 F.3d at 119. The Article qualifies as “the publication of a fair and true report of a[] judicial proceeding” that is entitled to protection under § 74’s privilege and, consequently, Plaintiff’s “civil action [for defamation] cannot be maintained against” Defendant. N.Y. Civ. Rights Law § 74; see, e.g., Abkco Music, 2016 WL 2642224, at *3, 6 (dismissing defamation claim because § 74 privilege precluded action).
The New York Post (a defendant in the above defamation claim) reported on the divorce. (Mike Frisch)