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