Opinion
Index 154053/2021
12-09-2021
TAYSHENAY WILSON Plaintiff, v. THE LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC, Defendant. Motion Seq. No. 001
HON. FRANK NERVO JUSTICE
Unpublished Opinion
MOTION DATE 04/27/2021
DECISION + ORDER ON MOTION
HON. FRANK NERVO JUSTICE
The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 7, 8, 9 were read on this motion to/for ATTORNEY - RELIEVE/SUBSTITUTE/WITHDRAW .
Plaintiff's incoming counsel, Liakas Law, P.C. (hereinafter "incoming counsel" or "Liakas"), moves to compel plaintiff's outgoing counsel, Law Offices of Michael S. Lamonsoff (hereinafter "outgoing counsel" or "Lamonsoff"), to provide plaintiff's legal file, to set disbursements, and for costs related to same. In opposition, outgoing counsel contends that it was not contacted by Liakas prior to this application and would have gladly provided the file if incoming counsel had requested same; it further contends that the application is moot, as Lamonsoff has provided the file to Liakas. Incoming counsel has not replied to this opposition.
The failure to request plaintiff's file prior to bringing this application has resulted in an astonishing waste of this Court's, as well as defendants', resources. Liakas' failure to rebut Lamonsoff's allegation that Liakas never requested the file prior to seeking Court intervention amounts to tacit acknowledgment of same (Raia v. Potoschnig, 170 A.D.3d 433 [1st Dept 2019]; Wilmington Trust v. Sukhu, 155 A.D.3d 591 [1st Dept 2017] Failure to raise an argument in opposition constitutes waiver). Furthermore, Liakas failed to withdraw an inarguably moot motion, or file a reply advising of same, resulting in further waste of judicial resources.
Accordingly, it is
ORDERED that the motion is denied in its entirety; and it is further
ORDERED that Stephen John Liakas, Esq., counsel for plaintiff, has engaged in frivolous conduct as defined in Section 130-1.1 (c) of the Rules of the Chief Administrator as set forth above, and having set out above the reasons why the conduct has been found frivolous and that sanctions should be awarded, and having found that the amount of sanctions to be awarded is appropriate as set forth above, it is now therefore
ORDERED that without any charge to its client, Liakas Law, P.C., is hereby sanctioned in the amount of $150.00 (one hundred-fifty dollars) payable to the Lawyer's Fund for Client Protection, 119 Washington Avenue, Albany, New York 12210; and it is further
ORDERED that written proof of the payment of this sanction be provided to the Clerk of Part IV and opposing counsel within 30 days after service of a copy of this order with notice of entry; and it is further
ORDERED that, in the event that such proof of payment is not provided in a timely manner, the Clerk of the Court, upon service upon him of a copy of this order with notice of entry and an affirmation or affidavit reciting the fact of such non-payment, shall enter a judgment in favor of the Lawyer's Fund and against said counsel in the aforesaid sum; and it is further
ORDERED that such service upon the Clerk of the Court and the Clerk of the Part be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the address www.nycourts.gov/supctmanh); and it is further
ORDERED that, in accordance with Section 130-1.3, a copy of this order will be sent by the Part to the Lawyer's Fund for Client Protection.
This constitutes the Decision and Order of the Court.