Matter of Abrahams

• Decision Date: 29 December 2003
• Docket Number: 2001-08705.
• Citation: 5 A.D.3d 21,2003 NY Slip Op 19997,770 N.Y.S.2d 369
• Parties: In the Matter of SOLOMON ABRAHAMS, a Suspended Attorney, Respondent. GRIEVANCE COMMITTEE FOR THE NINTH JUDICIAL DISTRICT, Petitioner.
• Court: New York Supreme Court — Appellate Division

5 A.D.3d 21

770 N.Y.S.2d 369

2003 NY Slip Op 19997

In the Matter of SOLOMON ABRAHAMS, a Suspended Attorney, Respondent.

GRIEVANCE COMMITTEE FOR THE NINTH JUDICIAL DISTRICT, Petitioner.

2001-08705.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 2003.

Gary L. Casella, White Plains (Matthew Renert of counsel), for petitioner.

Solomon Abrahams, White Plains, respondent pro se.

OPINION OF THE COURT

Per Curiam.

The respondent was served with a petition and a supplemental petition containing 19 charges of professional misconduct. Charges 9 and 13 were subsequently amended. In his answer and amended answer to the petition, the respondent generally denied that he was guilty of misconduct. In his supplemental answer, he admitted all of the factual allegations contained in Charges 15 through 19 and asserted several affirmative defenses. At the hearing, the petitioner's case consisted entirely of documentary evidence, to wit, 28 exhibits. The respondent testified on his own behalf and produced 10 exhibits, which were admitted into evidence. At the conclusion of the hearing, the Special Referee sustained all of the charges. The petitioner now moves to disaffirm the report of the Special Referee insofar as it sustains Charge 15 and to confirm the report insofar as it sustains the remaining charges. The respondent cross moves to disaffirm the report of the Special Referee in its entirety or to refer the matter to a new Special Referee.

Charge 1 alleges that the respondent disregarded the ruling of a tribunal, in violation of Code of Professional Responsibility DR 7-106 (a) (22 NYCRR 1200.37 [a]):

The respondent was the plaintiff's counsel in the case of Caiola v Allcity Ins. Co., which was litigated before the Honorable John DiBlasi in the Supreme Court, Westchester County. On March 18, 1999, Justice DiBlasi ordered that the plaintiff respond to certain discovery demands made by the defendant. Notwithstanding Justice DiBlasi's direction, the respondent failed to respond on behalf of his client to the discovery demands. By decision and order dated September 13, 1999, Justice DiBlasi determined that the respondent had refused to comply with his direction and sanctioned him pursuant to subpart 130-1 of the Rules of the Chief Administrator of the Courts (22 NYCRR subpart 130-1).

Charge 2 alleges that, based on the foregoing factual allegations, the respondent engaged in conduct adversely reflecting on his fitness to practice law, in violation of Code of Professional Responsibility DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]), by failing to comply with the direction of a tribunal.

Charge 3 alleges that the respondent disregarded the ruling of a tribunal, in violation of Code of Professional Responsibility DR 7-106 (a) (22 NYCRR 1200.37 [a]).

The respondent was the plaintiff's counsel in the case of Caiola v Allcity Ins. Co., which was litigated, inter alia, before the Honorable John DiBlasi in the Supreme Court, Westchester County. On March 18, 1999, Justice DiBlasi ordered that the plaintiff appear for a further deposition and that the defendant be permitted to ask all of the questions to which the respondent objected at a prior deposition. Notwithstanding Justice DiBlasi's direction, the respondent advised the defendant that the further deposition of the plaintiff would be subject to limitations. By decision and order dated September 13, 1999, Justice DiBlasi determined that the respondent refused to comply with his direction and, in turn, imposed a sanction against him pursuant to subpart 130-1 of the Rules of the Chief Administrator of the Courts (22 NYCRR subpart 130-1).

Charge 4 alleges that, based on the foregoing factual allegations, the respondent engaged in conduct adversely reflecting on his fitness to practice law, in violation of Code of Professional Responsibility DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]).

Charge 5 alleges that the respondent engaged in conduct that served to harass another party in litigation, in violation of Code of Professional Responsibility DR 7-102 (a) (1) (22 NYCRR 1200.33 [a] [1]).

The respondent was the plaintiff's counsel in the case of Caiola v Allcity Ins. Co., which was litigated before the Honorable John DiBlasi in the Supreme Court, Westchester County. In May 1999, the defendant moved the court due to the plaintiff's lack of compliance with Justice DiBlasi's discovery directions on March 18, 1999. The respondent, inter alia, cross-moved for summary judgment. The cross motion was made more than 120 days after the filing of the note of issue in that action. Prior thereto, the respondent had moved for summary judgment on behalf of the plaintiff, and the Supreme Court had ruled thereon. By decision and order dated September 13, 1999, Justice DiBlasi determined that the cross motion for summary judgment was frivolous and sanctioned the respondent pursuant to subpart 130-1 of the Rules of the Chief Administrator of the Courts (22 NYCRR subpart 130-1).

Charge 7 alleges that the respondent engaged in conduct adversely reflecting on his fitness to practice law, in violation of Code of Professional Responsibility DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]), by providing inaccurate information to a tribunal.

The respondent appealed the September 13, 1999, decision and order to this Court. By decision and order dated November 13, 2000 (277 AD2d 273), this Court dismissed the respondent's appeal. The respondent sought "leave to reappeal the prior appeal" by motion to this Court dated July 12, 2001, in which he affirmed under the penalties of perjury that he "was never sanctioned before." The respondent, however, was previously sanctioned for commencing and continuing a frivolous action in the case of Van Braemer v City of Yonkers. By decision and order dated May 22, 1996, the Supreme Court, Westchester County, imposed a sanction against the respondent in that action pursuant to CPLR 8303-a.

Charge 8 alleges that the respondent engaged in conduct adversely reflecting on his fitness to practice law, in violation of Code of Professional Responsibility DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]), by providing inaccurate information to a tribunal.

In his motion to this Court, the respondent affirmed under penalties of perjury that, on the appeal that resulted in this Court's decision and order dated November 13, 2000, the defendant "did not oppose the appeal relating to the issue of the sanction." The defendant, in fact, submitted a brief that specifically addressed and argued in support of the sanction imposed by Justice DiBlasi's decision and order dated September 13, 1999.

Charge 9, as amended, alleges that the respondent engaged in conduct prejudicial to the administration of justice, in violation of Code of Professional Responsibility DR 1-102 (a) (5) (22 NYCRR 1200.3 [a] [5]), by failing to satisfy a judgment against him that was related to his practice of law:

In November 1998 Sandy Saunders Reporting commenced an action in the County Court, Rockland County, to recover a preexisting debt for unpaid fees for stenographic reporting services it provided. In June 2000, following a trial, a judgment was entered against Solomon Abrahams, Esq., P.C., in the amount of $7,788.23. As of the date of the petition, the respondent had not satisfied the judgment.

Charge 14 alleges that the respondent engaged in conduct adversely reflecting on his fitness to practice law, in violation of Code of Professional Responsibility DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]):

In 1997 Charles Beck commenced an action in the City Court of the City of White Plains, Small Claims Part, to recover a preexisting debt for photography work that he had performed for the respondent on legal matters that he was handling. By decision dated April 14, 1999, the City Court sustained Beck's claims against Solomon Abrahams, Esq., P.C. The City Court subsequently rendered a judgment against Solomon Abrahams, Esq., P.C., in the amount of $1,771.15. As of the date of the petition, the respondent had not satisfied the judgment.

Charge 16 alleges that the respondent...