Doe v. Roe

OPINION OF THE COURT

Kenneth L. Gartner, J.

In the instant case, the defendant attorney does not dispute that he charged and collected from the plaintiff client a fee prohibited by the New York State Labor Law. The defendant attorney does not dispute that he has been ordered to make restitution by the New York State Unemployment Insurance Appeal Board (the Board). The defendant attorney concedes that he has failed and refused to comply with this order. The attorney instead raises a statute of limitations defense to this small claims action — the same statute of limitations defense which he…