Legal Opinion

Yannitelli v. D. Yannitelli & Sons Construction Corp.

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

Decided February 17, 1998PublishedCited by 16 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Beverly Cohen, J.), entered October 3, 1996, which, inter alia, declared any fee for legal services by appellant Kenneth Heller, Esq., plaintiff’s former attorney, to be forfeited by reason of violations of the Code of Professional Responsibility, unanimously affirmed, with costs.

The court’s denial of recusal was a proper exercise of discretion. We find no merit to appellant’s argument that a mandatory statutory basis for disqualification arose in this case (see, Judiciary Law § 14). In the absence of statutory grounds, the decision upon a recusal motion…

2Cases cited5 opinions

  1. People v. MorenoNew York Court of Appeals · 1987
  2. Pessoni v. RabkinAppellate Division of the Supreme Court of the State of New York · 1995
  3. Scott v. Brooklyn HospitalAppellate Division of the Supreme Court of the State of New York · 1983
  4. In re the Estate of WinstonAppellate Division of the Supreme Court of the State of New York · 1995
  5. Solow v. WellnerAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by16 opinions

  1. Decolator, Cohen & DiPrisco, LLP v. Lysaght, Lysaght & Kramer, P.C.Appellate Division of the Supreme Court of the State of New York · 2003
  2. Anderson v. HarrisAppellate Division of the Supreme Court of the State of New York · 2010
  3. Anderson v. HarrisAppellate Division of the Supreme Court of the State of New York · 2009
  4. Ulico Casualty Co. v. Wilson, Elser, Moskowitz, Edelman & DickerNew York Supreme Court · 2007
  5. Rein v. Socialist People's Libyan Arab JamahiriyaCourt of Appeals for the Second Circuit · 2007

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