Legal Opinion

In re Kelsey

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1919PublishedCited by 4 opinions

Application by Brooklyn Bar Association under Judiciary Law, section 88,* for such action as this court may decree proper, upon the charge made by the petitioner that the respondent attorneys have violated section 280 of the Penal Law.†

1Opinion of the Court

Kelly, J.:

In Post v. Louis (184 App. Div. 533) we dismissed an appeal from an order made by the County Court denying an application made by the petitioner to intervene in the foreclosure action, and to dismiss said action because it was brought in contravention of section 280 of the Penal Law prohibiting the practice of law by corporations. This court held that the application of petitioner to intervene as amicus curies in order to press the application to dismiss, was a matter addressed to the discretion of the County Court. Mr. Justice Thomas said in his opinion: “ There is no motion before…

2Cases cited8 opinions

  1. Matter of Co-Operative Law Co.New York Court of Appeals · 1910
  2. Pratt v. . ShortNew York Court of Appeals · 1880
  3. Irwin v. . CurieNew York Court of Appeals · 1902
  4. In re PaceAppellate Division of the Supreme Court of the State of New York · 1915
  5. United States Title Guaranty Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1915

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3Cited by4 opinions

  1. Judd v. City Trust & Savings BankOhio Supreme Court · 1937
  2. State v. PledgerSupreme Court of North Carolina · 1962
  3. Wollitzer v. National Title Guaranty Co.New York Supreme Court · 1933
  4. Rothbard v. JonesAppellate Division of the Supreme Court of the State of New York · 1932

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