Opinion
2021-76237 Motion 2017-02152 QC
12-10-2021
Balvir Singh and Lakhwinder Singh, Respondents, v. Madhu Restaurant, Inc., and John S. Desiderio, Esq., as Stakeholder Only, Appellants.
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Queens County, entered August 31, 2017. Counsel for appellants and respondents appeared for a CAMP conference on January 22, 2018. In a decision and order dated May 31, 2019, this court reversed the order of the Civil Court, denied respondents' cross-motion to amend the complaint and so much of the order as struck appellants' discovery demands was vacated, and the matter was remitted to the Civil Court for a new determination of the branch of appellants' motion seeking to dismiss the complaint. Various proceedings were thereafter conducted in the Civil Court, culminating in an order striking respondents' claims pursuant to CPLR 3126, and granting appellants' counterclaims. Thereafter, in the course of conducting an asset search concerning respondents, appellants discovered that respondent Balvir Singh had died on January 19, 2018, three days before the CAMP conference was held, more than 16 months before the Appellate Term decided the appeal, and nearly two years before the Civil Court conducted various post-appeal proceedings.
In an order to show cause dated April 1, 2021, respondent Lakhwinder Singh and/or respondents' counsel were directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions, if any, against the respondent or respondent's counsel pursuant to 22 NYCRR 730.3 (c) as this Court may deem appropriate by filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on all parties to the action on or before April 30, 2021.
Upon the order to show cause and the papers filed in response thereto, it is
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, Richard G. Johnson, Esq., counsel for respondent, shall pay a sanction in the sum of $1000 to the Lawyers' Fund for Client Protection of the State of New York (see Rules of the Chief Administrator of the Courts [22 NYCRR] §§ 130-1.1[b]; 130-1.3); and it is further, ORDERED that the Clerk of this Court, or his designee, shall serve a copy of this decision and order on motion upon each counsel by regular mail; and it is further, ORDERED that within 10 days after payment of his sanction, counsel shall file proof of payment of its sanction with the Clerk of this Court.
Section 730.3 (f) of the rules of this Court in effect at the time of the taking of the appeal provided, in relevant part, as follows: (f)" If an appeal...is affected by the bankruptcy or death of a party..., the parties or their counsel shall immediately notify the court. Any attorney or party who, without good cause shown, fails to comply with the requirement of this subdivision shall be subject to such costs and/or sanctions as the court may direct" (22 NYCRR 730.3 [f]).
Under the circumstances, the failure of respondent's attorney to comply with 22 NYCRR 730.3 (f) warrants the imposition of a sanction in the amount indicated.
ALIOTTA, P.J., and ELLIOT, J., concur.