Attorney Sanctioned for Not Exercising Ordinary Care: This Week in Scott Mollen’s Realty Law Digest
Scott Mollen discusses the landlord-tenant case “1334 B LLC v. Pritchard,” involving sanctions imposed on the attorney for not exercising ordinary care when filing papers.
November 26, 2024 at 03:06 PM
18 minute read
Landlord-Tenant—Attorney Sanctioned—Attacked and Threatened Judge–Long Term Rent Stabilized Tenant and a Single Mother of Severely Autistic Adult Son Inexplicably Sued As Licensee/Squatter—Attorney Failed To Conduct Reasonable Inquiry Into Facts, Presented False Material Facts and “Failed To Conduct Himself as a Reasonably Prudent Lawyer While Investigating the Elements of the Cause of Action”—Unreasonably Relied On Client and Tenant for Facts—Attorney “Communicated Inappropriately and Ex Parte With Court”—Directed “Baseless Ad Hominem Attacks at Court”—Falsely Accused Court Of Performing Duties In a “Sanctionable and Uninformed Way”—Threatened To Report Court To “Higher Authorities” If Court Did Not Modify an Order—Lack of Remorse Or Contrition—Cavalier Attitude—22 NYCRR 130—Attorney Referred To Grievance Committee––Lawyers Must Exercise Ordinary Care When Filing Court Papers
This decision involved a summary holdover proceeding against a tenant on the grounds that the tenant was “either a licensee or a squatter in what is pleaded as a rent stabilized premises.”
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