Coyle v Catterson 2025 NY Slip Op 34372(U) November 17, 2025 Supreme Court, New York County Docket Number: Index No. 157161/2025 Judge: James d’Auguste is a kind of celebrity legal malpractice case, in as much as the defendant is a former Court of Appeals Judge who transitioned to a big law position. The underlying case involves the celebrity Maidstone Gun Club in East Hampton, long a center for celebrity shooters.

“For the reasons outlined below, petitioners Kevin Coyle and Tracy Carey’s request for pre-action discovery is denied, and respondents Pillsbury Winthrop Shaw Pittman LLP and James Catterson’s (“Pillsbury”) motion to dismiss this proceeding is granted.1 Pillsbury’s motion for a change of the venue of this proceeding from New York County to Suffolk County is denied as moot. Petitioners commenced this litigation, in their individual capacities, seeking litigationrelated documents concerning respondents’ former representation of petitioners as trustees of the Kevin B. Coyle Revocable Trust and Tracy E. Carey Revocable Trust (the “Trusts”) in Pintillie v. Maidstone Gun Club and Town o_f East Hampton, Suffolk County Index Number 206837/2022 (“Maidstone Gun Club Action”). NYSCEF Doc. No. 1.2 The Maidstone Gun Club Action

1 The Court expresses its appreciation to court attorney Brian Krist, Esq. for his assistance in this matter.

2 In the Maidstone Gun Club Action, neither Kevin B. Coyle nor Tracy E. Carey is a plaintiff in their individual capacity. As stated in that action’s complaint: “Plaintiffs Kevin B. Coyle serves as trustee of the Kevin B. Coyle Revocable Trust and Tracy E. Carey as Trustee of the Tracy E. Carey Revocable Trust (hereinafter collectively referred to as the ‘Revocable Trusts’).” Maidstone Gun Club Action, NYSCEF Doc. No. 2 at~ 7.”

“involves allegations that bullets from firearm activity at a gun range are striking nearby homes. Pillsbury was remarkably successful in prosecuting the Maidstone Gun Club Action on behalf of the plaintiffs in the underlying action. Nonetheless, Pillsbury eventually withdrew as counsel to the Trusts but continued to represent other plaintiffs in the Maidstone Gun Club Action. Thereafter, the Trusts terminated being represented by Greenberg Traurig (“Greenberg”), their co-counsel in this underlying litigation. Maidstone Gun Club Action, NYSCEF Doc. No. 348. At that juncture, Greenberg provided the Trusts with almost the entirety of the firm’s litigation file. Unsurprisingly, given this co-counsel status, Greenberg’s litigation file is apparently identical to Pillsbury’s litigation file. The only document not produced to the Trusts was an “attorneys’ eyes only” confidential term sheet. Although all plaintiffs were provided with information regarding the proposed resolution, the Trusts have doggedly sought to compel the production of the actual underlying document. The Court (Modelewski, J.) denied the Trusts’ application. As the Trusts, in submissions, have asserted judicial bias directed toward Justice Modelewski, the undersigned took additional time in reviewing transcripts and filings surrounding this issue. There does not appear to be any legitimate basis for petitioners’ accusation of bias, and the transcript references cited in support of this contention are woefully inadequate to support such an inference. For instance, during a court conferenc.e conducted on March 26, 2025, Justice Modelewski ,stated to the Trusts’ new counsel, Jonathan Wallace:

Mr. Wallace, I did read your letter. So I understand that you have a number of concerns. If, in fact, the matter is settled, that doesn’t foreclose your clients from continuing the litigation.

However, I would offer you this caution. You had mentioned in the body of your letter that you were contemplating an Order to Show Cause with a request for a temporary restraining order as respects the Town and the anticipated execution by the supervisor of a lease agreement.

You should know that it has been the law in this state for many, many years~- and will harken back to a. case that I like to cite simply because I kind of like Judge Sol Wachtler when he was trial term in Nassau County in 1970, he presided over a matter. I don’t have the case citation, but it was captioned Goldin, with an I, versus Hempstead.

In the body of that decision, the Judge, who you all know went on to become the Chief Judge of the Court of Appeals in this state, he articulated accurately that you cannot enjoin a municipal official from the commission of an official act.

I’m just cautioning you that you ought not make that application in this part. Whatever it is that is additional to that that you believe is lawful and ethical and necessary in order to prosecute whatever rights you wish to prosecute on behalf of your clients, you can and should do. But I’m telling you right now, don’t do that. Maidstone Gun Club Action, NYSCEF Doc. No. 371 at Tr. 5:17-7:2.”

“As noted above, the Trusts made an application seeking the production of this document, which is likely inadmissible pursuant to CPLR 454 7 and therefore itself is of little substantive relevance, that was presented to Justice Modelewski. He declined to order its production. Any challenge to this determination should have been made to the Second Department, not by the instant (seemingly judge-shopping) application to a judge of coordinate jurisdiction sitting in another county and department. Accordingly, the petition seeking pre-action discovery is denied, and the motion seeking the petition’s dismissal is granted. This constitutes the decision and order of the Court.”