Being a defendant is bad; being an erring plaintiff’s attorney is probably worse. Here is a case from Broolklyn in which a well known plaintiff’s personal injury attorney now must show cause why she and her client were not frivolous. Basically, it is said that they sued the wrong landowner, and did not dismiss after being shown their mistake.
Robertson v. United Equities Inc., 35178/04
Decided: August 31, 2007
Justice Arthur M. Schack
KINGS COUNTY
Supreme Court
Plaintiff: Regina Felton, Esq.
Felton & Associates
Defendant: Eli D. Gobol, Esq.
Goldberg Weprin & Ustin LLP
Justice Schack
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"Defendant, United Equities, Inc. (UEI), moves to: restore this matter to the Court calendar; grant summary judgment and dismissal to defendant UEI, pursuant to CPLR Rule 3212; and, impose sanctions and costs of $16,343.75 against plaintiffs and/or their attorney, pursuant to 22 NYCRR §130-1.1, because UEI it is not a correct entity to sue in this action. The Court restores this matter to the calendar to: grant summary judgment to UEI and dismiss the complaint against it; and, conduct a hearing, which will give plaintiffs and their counsel, Regina Felton, Esq., an opportunity to be heard as to why this Court should not sanction them and/or award defendant UEI costs for the "frivolous conduct" of plaintiffs and their counsel in continuing this action against UEI, a corporation that should never have been a party in this action. "