ROBERT BANUSHI, plf-ap, v. LAW OFFICE OF SCOTT W. EPSTEIN def-res

10576. ROBERT BANUSHI, plf-ap, v. LAW OFFICE OF SCOTT W. EPSTEIN def-res — ROBERT BANUSHI, APPELLANT PRO SE. Antin, Ehrlich & Epstein, LLP, New York (Kimberly S. Edmonds of counsel), for res — Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered January 18, 2012, which granted defendants' motion for summary judgment dismissing the complaint and for an order enjoining plaintiff from commencing any further actions or making any motions against them without prior court approval, unless he is represented by counsel, and denied plaintiff's motion to amend the complaint, unanimously affirmed, without costs.

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10576. ROBERT BANUSHI, plf-ap, v. LAW OFFICE OF SCOTT W. EPSTEIN def-res — ROBERT BANUSHI, APPELLANT PRO SE. Antin, Ehrlich & Epstein, LLP, New York (Kimberly S. Edmonds of counsel), for res — Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered January 18, 2012, which granted defendants’ motion for summary judgment dismissing the complaint and for an order enjoining plaintiff from commencing any further actions or making any motions against them without prior court approval, unless he is represented by counsel, and denied plaintiff’s motion to amend the complaint, unanimously affirmed, without costs.

Notwithstanding the public policy requiring free access to the courts, the motion court’s order barring plaintiff from initiating further litigation or motion practice against defendants without prior court approval unless he is represented by counsel was justified by plaintiff’s continuous and vexatious litigation against defendants (Matter of Robert v. O’Meara, 28 AD3d 567 [2d Dept 2006], lv denied 7 NY3d 716 [2006]; Capogrosso v. Kansas, 60 AD3d 522 [1st Dept 2009], cert denied __ US __, 133 S Ct 278 [2012]; see also Melnitzky v. Apple Bank for Sav., 19 AD3d 252, 253 [1st Dept 2005]). Among other things, in addition to the instant action, plaintiff filed a lawsuit in state court and a lawsuit in federal court and a counterclaim in a third suit, as well as a disciplinary complaint, all alleging legal malpractice based on the same sparse allegations, and all unavailing.

ROBERT BANUSHI, plf-ap, v. LAW OFFICE OF SCOTT W. EPSTEIN def-res

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