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The Knuckleheads of the Day award

Today's winners are Regina Felton and New York Supreme Court Justice Arthur M. Schack. They get the award for the following.

A Brooklyn attorney who refused to discontinue a real-estate action even though it was "crystal clear" she had sued the wrong entity has been ordered to reimburse the defendant for the costs it incurred defending the suit.

However, New York Supreme Court Justice Arthur M. Schack of Brooklyn awarded defendant United Equities Inc. only about half of the $25,000 it sought in attorney fees and declined to add sanctions, calling the $13,287.50 in costs a "sufficient penalty."

*****.

In the underlying real-property action, plaintiff Robert Robertson secured a default judgment against United Equities Corp., among others. The plaintiffs attorney, Regina Felton, subsequently tried to enforce that judgment against United Equities Inc., an entity wholly unrelated to its near namesake, United Equities Corp.

In phone calls, faxes and depositions, attorneys for United Equities Inc., informed Felton that she had the wrong entity.

After she consistently refused to discontinue the action, United Equities Inc. moved for summary judgment and for costs and sanctions for Felton's purportedly "frivolous" conduct. In September 2007, Schack granted summary judgment, and, in a decision last week, he awarded the defense $13,287.50 in costs.

A lawyer who sues the wrong people, doesn't have to pay full legal costs, and the judge being ever so helpful doesn't sanction her. Why not give her a free Bahamas cruise while you're at it Judge? I name Regina Felton and New York Supreme Court Justice Arthur M. Schack today's Knuckleheads of the Day.

Hat tip- Overlawyered


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Comments (4)

Can the defendant appeal?</... (Below threshold)
rb:

Can the defendant appeal?

Unfortunately, this ... (Below threshold)
BamaMan:


Unfortunately, this isnt an uncommon event. I myself got drug into court by a group I had no idea who were, and was sued for almost 15k for some credit card that i had no memory of ever having. Checked my credit report, nothing there either. So I demand that the 'collector' prove his debt. In the middle of the court room, the colector makes a phone call to his boss, puts me on the phone with her where she yells at me insisting its my debt, and tells me they have a lein on my property in Indiana to prove it. Ive never lived in Indiana. I told her to tell the judge. She hangs up. Because i had looked up the law, I knew they had to provide proof of the debt, and so the judge(reluctantly) reset the court case while the collectors could get their paperwork together. They had taken me to court and didnt even have paperwork in town to prove it! Three months of stress later, we show up to court again, and they still dont have any proof. Not even their Indiana Lein. Two days of vacation wasted, 6 months of stress, and they never bothered even confirming the amount or address. What does the judge do? Tells the colector to try again later.

The entire court system deserves a blockhead award.

I,ll bet the judge was Scha... (Below threshold)
1903A3:

I,ll bet the judge was Schack,ing up with Regina...LOL...sorry,couldnt help it. :)

Well, we are talking... (Below threshold)
DJ Drummond:

Well, we are talking about a N'Yawk judge ...




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