Legal Opinion
O'Brien v. Spitzer
New York Court of Appeals
Decided June 29, 2006PublishedCited by 42 opinions
1Opinion of the Court
OPINION OF THE COURT
R.S. Smith, J.
We hold that the Attorney General properly found a private lawyer who was appointed as referee in a mortgage foreclosure proceeding to be an independent contractor, not a state employee. The referee therefore was not entitled to defense and indemnification from the State in a lawsuit brought against him.
Facts and Procedural History
This case arises out of a proceeding to foreclose a mortgage on a home owned by Donald MacPherson. Supreme Court entered a judgment of foreclosure and sale, and appointed petitioner, a lawyer in private practice, as referee to…
2Cases cited5 opinions
- National Labor Relations Board v. Hearst Publications, Inc.Supreme Court of the United States · 1944
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- American Telephone & Telegraph Co. v. State Tax CommissionNew York Court of Appeals · 1984
- KSLM-Columbus Apartments, Inc. v. New York State Division of HousingNew York Court of Appeals · 2005
- In re Hertz CorporationNew York Court of Appeals · 2004
3Cited by42 opinions
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- Matter of HDV Manhattan, LLC v. Tax Appeals Trib. of The State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Marcus v. AXA Advisors, LLCDistrict Court, E.D. New York · 2015
- Chen v. Romona Keveza Collection LLCAppellate Division of the Supreme Court of the State of New York · 2022
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