MICHAEL FLOMENHAFT, plf-ap, v. ANDREW G. FINKELSTEIN def-res

14237. MICHAEL FLOMENHAFT, plf-ap, v. ANDREW G. FINKELSTEIN def-res — The Flomenhaft Law Firm, PLLC, New York (Stephen D. Chakwin, Jr. of counsel), for ap — Finkelstein & Partners, LLP, Newburgh (Anna R. Johnson of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered on or about July 23, 2014, which granted defendants' motion to dismiss the complaint and to impose sanctions on plaintiff, and denied plaintiff's cross motion for leave to amend his summons with notice and/or the complaint, unanimously modified, on the law and the facts, to deny the motion insofar as it sought dismissal of plaintiff's slander per se cause of action and the imposition of sanctions, the slander per se cause of action reinstated, and otherwise affirmed, without costs.

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14237. MICHAEL FLOMENHAFT, plf-ap, v. ANDREW G. FINKELSTEIN def-res — The Flomenhaft Law Firm, PLLC, New York (Stephen D. Chakwin, Jr. of counsel), for ap — Finkelstein & Partners, LLP, Newburgh (Anna R. Johnson of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered on or about July 23, 2014, which granted defendants’ motion to dismiss the complaint and to impose sanctions on plaintiff, and denied plaintiff’s cross motion for leave to amend his summons with notice and/or the complaint, unanimously modified, on the law and the facts, to deny the motion insofar as it sought dismissal of plaintiff’s slander per se cause of action and the imposition of sanctions, the slander per se cause of action reinstated, and otherwise affirmed, without costs.

Plaintiff is an attorney who, after dissolving his own practice, became associated with nonparty Jacoby & Meyers, LLP (Jacoby). Defendant Andrew Finkelstein (Finkelstein) is an attorney and is the managing partner of defendant law firm Finkelstein & Partners, LLP (FLLP), and the sole shareholder of defendant Finkelstein, PC (FPC). FPC is a partner of both Jacoby and of FLLP. In April 2009, Jacoby assigned plaintiff to work on a personal injury action that had been commenced on behalf of nonparty Joel Harrison (Harrison) in Supreme Court, Broome County.¹ In December 2009, plaintiff resigned from Jacoby and re-formed his old practice. Harrison decided to have plaintiff continue his representation in the personal injury action and Jacoby caused the necessary consent to be executed and transferred the file. The retainer agreement between plaintiff and Harrison provided that plaintiff would advance all litigation expenses and would be reimbursed out of Harrison’s recovery, if any. After the passage of only a few months, Harrison terminated plaintiff and re-retained Jacoby.

MICHAEL FLOMENHAFT, plf-ap, v. ANDREW G. FINKELSTEIN def-res

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