How Do You Sue Carnegie Hall?
A previously admonished attorney has received a public censure from the New York Appellate Division for the First Judicial Department
The parties agree that the appropriate sanction for respondent’s conduct is a public censure. While respondent has received four admonitions, one was imposed over 20 years ago and another over 10 years ago, and of the two admonitions received in the last six or so years, only one of them was for misconduct similar to that presently charged. Moreover, the mitigation presented includes respondent’s efforts to remedy his neglect and bad conduct. Indeed, the sanction proposed by the parties is supported by case law cited by the parties, which involved neglect that, as here, was not accompanied by any additional serious misconduct (see Matter of Thomas, 159 AD3d [1st Dept 2018]; Matter of Gilbert, 131 AD3d 171 [1st Dept 2015]; Matter of Salomon, 78 AD3d 115 [1st Dept 2012]. In light of this precedent, we see no reason to disturb the sanction to which the parties have agreed.
The attorney was the subject of five charges including
With respect to charges two and three, respondent conditionally admits that he was retained on January 3, 2012 and paid a fee and filing fees to commence a lawsuit against Carnegie Hall for breach of contract. A few days later, he showed his client a letter to Carnegie Hall and summons with notice he had drafted but did not file. In August 2012, respondent sent Carnegie Hall a letter similar to the one he drafted in January and attached a summons with notice that did not have an index number; he did not file the summons and complaint. In April 2016, respondent purchased two separate index numbers and emailed his client two summonses with endorsed complaints (one for $25,000 and the other for $100,000), but still did not serve the defendant with the summons. Finally, on November 28, 2017, respondent filed a summons with notice against Carnegie Hall for breach of contract for $500,000; however, due to his error in dating the breach of contract as December 22, 2017 instead of December 22, 2011, he had to file an amended summons on December 1, 2017. In June 2018, Carnegie Hall’s motion to dismiss under CPLR 3211(a)(7) was granted.
And
Respondent conditionally admits that by filing an order to show cause to stay the Queens County action after having entered into a stipulation of discontinuance with prejudice on the same matter in New York County, he knowingly advanced a claim that was unwarranted under existing law for purposes of delaying or prolonging the action, in violation of rule 3.1(b)(1) and (2); and by leaving [*3]a voicemail with expletive language for Goldberg, he engaged in conduct that adversely reflects on his fitness as a lawyer, in violation of rule 8.4(h).
(Mike Frisch)