Careful With Those Clients ….
From Filsoof v. Cole, decided yesterday by Judge Naomi Reice Buchwald (S.D.N.Y.):
At the conclusion of defendant’s deposition on September 14, 2021 and while still on the premises of plaintiff’s counsel’s law offices, defendant was arrested by two New York City police officers on a complaint filed by plaintiff on August 20, 2021 alleging an incident from 2019 that she had not reported at the time. Fortunately, this arrest did not result in defendant spending a night at Rikers because an Assistant District Attorney dismissed the complaint as untimely, as it was filed beyond the two-year statute of limitations applicable to misdemeanors.
Nevertheless, this arrest spawned the current motion for sanctions, which if granted in its entirety would cause career consequences for plaintiff’s counsel and the dismissal of this case. While the Court can certainly understand defendant’s distress, the motion is denied as its premises do not withstand scrutiny as a matter of fact and consequently as a matter of law.
A brief history of this case as it pertains to the current motion is necessary.
This case was filed after an incident involving the parties in California that resulted in defendant’s arrest and the entry of a protective order in California. Thereafter, plaintiff obtained a temporary protective order in New York requiring that defendant stay away from plaintiff. Prior to defendant’s deposition, the criminal charge
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