Legal Opinion

Mintz & Gold LLP v. Zimmerman

New York Supreme Court

Decided September 10, 2007Published

1Opinion of the Court

OPINION OF THE COURT

Emily Jane Goodman, J.

Where an attorney, in the course of representing his or her client, advances legal arguments without merit, the well known possibility of sanctions looms. However, attorneys should also take heed of Civil Rights Law § 70, a lesser known, but potential, alternative to sanctions in cases such as this one.

Defendants Daniel Zimmerman and Steven Cohn, PC. (together Z&C) move, pursuant to CPLR 3211 (a) (1) and (7), for an order dismissing the complaint as to them. The complaint alleges two causes of action, the first under Civil Rights Law §§ 70 and 71, and…

2Cases cited9 opinions

  1. Wiener v. WeintraubNew York Court of Appeals · 1968
  2. Newin Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1975
  3. The Savage is Loose Co. v. United Artists Theatre Circuit, Inc.District Court, S.D. New York · 1976
  4. Mosesson v. Jacob D. Fuchsberg Law FirmAppellate Division of the Supreme Court of the State of New York · 1999
  5. Pokoik v. Department of Health Services of County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1996

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