MLK said: "Injustice Anywhere is a Threat to Justice Everywhere"

End Corruption in the Courts!

Court employee, judge or citizen - Report Corruption in any Court Today !! As of June 15, 2016, we've received over 142,500 tips...KEEP THEM COMING !! Email: CorruptCourts@gmail.com

Monday, September 27, 2010

NY Lawyer WIns Appeal of Sanctions, Blasts "Insane" Judge

NY Lawyer Wins Appeal of Sanctions, Blasts "Insane Judge"

The New York Law Journal by Mark Fass - September 27, 2010

A judge's finding that an attorney in a wrongful-death action intentionally slipped his summation notes to the jury by including them within medical records did not constitute grounds for throwing out a $1.1 million settlement agreement that was reached as the jury deliberated, a state appeals court has ruled. A unanimous Appellate Division, Second Department, panel found that stipulations of settlement should be "not lightly set aside" and that defendant North Shore University Hospital failed to establish sufficient cause—such as fraud or mistake—to do so here. "The record does not establish that the defendants entered into the stipulation because they were aware that the plaintiff's attorney's typewritten summation notes had been made available to the jury," the panel held in its unsigned decision, Singh v. North Shore University Hospital, 2009-10708. The panel also threw out fines and sanctions levied by the trial judge, Queens Supreme Court Justice Peter J. O'Donoghue, against the plaintiff's attorney, Andrew Rosner, totalling more than $60,000. Mr. Rosner, the principal of a three-attorney firm in Garden City, filed the underlying wrongful-death action in 2006 on behalf of the family of Dolly Singh, a 53-year-old mother who died of myocarditis—inflammation of the heart muscle—at Long Island's North Shore University Hospital. A jury trial was held before Justice O'Donoghue in July 2009, at which Mr. Rosner argued that Ms. Singh's death could have been prevented had the hospital performed an echocardiogram. After the case went to the jury, but before it reached a decision, the two sides agreed to a $1.1 million settlement. As the attorneys later collected the exhibits that had been marked into evidence, a court officer noticed that Mr. Rosner's typewritten summation notes, which had not been admitted into evidence, were inside a hospital chart that had been reviewed by the jury. Citing those notes, the hospital moved to set aside the agreement on the grounds of mistake or fraud.

Justice O'Donoghue granted that motion and ordered a new trial, finding that Mr. Rosner "intentionally included" his notes with the medical records. The judge also, sua sponte, sanctioned Mr. Rosner $10,000, ordered him to pay the defense's trial costs, which totalled more than $52,175, and referred the matter to the Grievance Committee for the Eleventh Judicial District. Mr. Rosner appealed, vehemently denying that he intentionally passed his notes to the jury. "I have said before, and I now say again, I did not intentionally submit my summation notes to the jury," Mr. Rosner wrote in an appellate brief. "I have no personal knowledge whether my notes were actually received by the jury, and if they were, how. The only plausible explanation is that in gathering up the evidence after my summation, the Court Officer mixed up my notes with it, and did not check the evidence before he gave it to the jury. That is not fraud." Mr. Rosner also contended that accidentally passing the notes was not the type of mistake that invalidates a settlement. In its decision last week, the appeals court sided with Mr. Rosner and reinstated the agreement.The panel remitted the matter to a new Queens Supreme Court justice to determine whether Mr. Rosner should be sanctioned."Here, the defendants failed to establish a basis for the vacatur of the stipulation of settlement," the panel concluded. "Regarding the imposition of a sanction in the sum of $10,000 upon the plaintiff's attorney, the defendants did not request that relief. Furthermore, the plaintiff's attorney, who was never notified that the Supreme Court was considering granting that relief, was not afforded a reasonable opportunity to be heard on the issue of sanctions. Accordingly, the sanction must be vacated. However, since, on this record, we cannot conclude that a sanction is unwarranted, we remit the matter to the Supreme Court, Queens County, for a hearing on that issue." Justices Mark C. Dillon, Joseph Covello, Daniel D. Angiolillo and Sandra L. Sgroi sat on the panel. Mr. Rosner called Justice O'Donoghue's decision "insane" and "irrational." He said the judge, who is blind, "thinks he has the same superhero abilities" as the blind superhero Daredevil. "I don't think we should have a blind judge who is drunk with power and doesn't have the abilities he thinks he does," Mr. Rosner said. "The irrational statements he has made and the irrational conclusions he made in this case are very strong indications that he should not be on the bench." Mr. Rosner said he intended to pursue a complaint with the Commission on Judicial Conduct. The Office of Court Administration declined to respond to Mr. Rosner's comments. Justice O'Donoghue was elected to the Civil Court in 1992 and the Queens Supreme Court in 2002. Christopher Simone and Robert M. Ortiz of Shaub, Ahmuty, Citrin & Spratt in Lake Success appeared on behalf of North Shore University Hospital. Mr. Ortiz declined to comment; Mr. Simone did not return a call for comment. Mark Fass can be reached at mfass@alm.com.

25 comments:

Anonymous said...

Calling a judge insane, even if he or she is insane, is not a good career move in the big apple. Enjoy the victory, and watch your back. OCA will have their goons out looking for you.... very soon.........

Anonymous said...

yes to comment above. maybe it will start with a letter from the Discipline folks saying they do not like the way you have "titled" your Attorney Escrow Account.

then after you change it to the way they want it, wait a few months and see if another Discipline attorney comes back and writes you the same letter but wants it changed to a different "title".

forget about whether your extra time responding to contradicting actions by Discipline folks is costing you money and time away from your clients.

if that happens, the Goon Squad is in full action beginning the collection of the Marks on your File.

hudson valley region

A Pox On Them All said...

A blind judge, a crooked lawyer, an Appellate Division that wants to be sure the moneyed party pays into the system and we have NY Justice, which extracts its many pounds of flesh from litigants. Dopey greedy lawyer violated the judicial honor code(there is honor among judges, a subset of thieves)and he will pay the price.

Anonymous said...

Interesting thing is that Justice Mark C. Dillon has no problem in deciding cases in the Appellate that he sat on as Judge in the lower courts.

Anything that come out of that court has to be viewed with a wary eye.

Anonymous said...

is this how you get rid of a lawyer or judge or verdict?
I see a oca car accident happening soon...

Anonymous said...

if you can fake it there
you can fake it anywhere
it is up to you New York
New York!

Anonymous said...

I didn't even know you were allowed to see the notes used against you in a court of law......
when did that law change?

Anonymous said...

I didn't even know you were allowed to see the notes used against you in a court of law......
when did that law change?

Anonymous said...

The biggest FRAUD here is the American INJUSTICE SYSTEMS....let's hope and pray that the voters wake-up and kick the bums OUT!

Anonymous said...

Any word from Luisa or her suit.
Reply was due
by the 17th, and no mention on the blog...

Anonymous said...

Did anyone see Lippman on TV last night?

Apparently his new job is stand-up comedy.

He is going to be holding hearing to determine how everyone can access the courts. Then he is going to file his report with the State legislature.

I don't know where he's been or what he's been doing, but we already have laws and a Constitutions which give us those rights and the means to obtain them.

What he should be doing is making sure that his judges and the OCA, as well as the disciplinary committees, actually comply with the laws, rules and regulations.

Like I said, what a joke.

Anonymous said...

How about this new Federal case?

Obviously the fix is in and the intent is to torture her.

Read the rest of the article. Her ex thinks this is a big joke. A clear sign that he doesn't have a care in the world.

I think we all know exactly what is going on here.


"The War of the Roses" is starting to look tame by comparison.

The Brooklyn woman who has lived in the same house as her estranged hubby -- with a plywood and Sheetrock wall separating them -- since 2006 has hit her spouse with a multimillion-dollar lawsuit, accusing him of everything from racketeering to illegally stashing dough in Swiss bank accounts.

In the $26 million-plus suit filed in Manhattan federal court yesterday, bitter Borough Park wife Chana Taub, 61, also targets police, prosecutors, five judges and several of her former lawyers.


http://www.nypost.com/p/news/local/brooklyn/roses_gal_sues_hubby_for_bpTKBEljoboLy5NblBlD2H

Anonymous said...

If she was thinking and wasn't so trusting of the system(that only exists for some)
She should have hit him with the sheetrock, cleared out the accounts and got the heck out of there before he woke up!

Anonymous said...

Where do you file a Rico charge-
Can Lippman answer that question?

Why do we not have a Federal Phone Number and Location to present evidence to stop the bastards the first time they do these heinous crimes?

So good people do not have to commit other crimes to get innocents out of trouble.....


Let us see I have solid proof dating back to 1994
- showing falsified
Bill of Particulars/Bills
Medical Records
police records
court records
Federal Records

on 3 separate million+ dollar cases

Anonymous said...

Lippman we want Federal Hearings with handcuffs/cells readily available.......
don't worry, Paladino wants to Remodel old prisons for certain people, we will leave room for suits!
I am sure the accomodations will be better than the prison cell you all belong in!

Anonymous said...

I forgot from the above
don't forget those fake calls you make to my doctors/ lawyers/police/DA/judges/ State Agencies-gov't agencies etc and they never have any of you charged!
Why not?

Anonymous said...

Some judges are insane but I will admit, sometimes a lot of people are doing a lot of lying and the judges do not know that!

Anonymous said...

An idea...

CNN is starting their Parker Spitzer show on Oct 4.

I'm wondering if this show is going to have that same stuff like some of the other shows do with receiving comments from viewers. If they do, this might be an opportunity to have Spitzer address the judicial corruption in NYS.

If they receive tweets or have a Facebook or Myspace page, this might be another place to start posting about all the corruption in NYS.

Just a thought.

Anonymous said...

To the above comment @ 3:13 P.M. regarding Luisa...her adversaries response are due Friday, Sept. 30, 2010.

Anonymous said...

Judges are INSANE - and no one calls them on it! You want to know why the courts are corrupt? This is Exhibit 1

Anonymous said...

how come those fat insurance cheat people, don't have a Paladino sign on their lawn, being such lying disgusting political hacks that they are......
I think those low life's are afraid he will shove it up their ass!

Anonymous said...

http://www.leukemiascandal.com/

Anonymous said...

Federal law enforcement officials have launched their own probe into the case and accompanied Cuomo's investigators on several of the raids and interrogations that led to the filing of the charges.

Kantor is well known in Niagara County as a big fund-raiser for the Democratic Party, in the past funneling money into the campaigns of disgraced former governor Eliot Spitzer, indicted former mayor Vince Anello and state Rep. Francine Del Monte, among others.
(niagarafallsreporter)

Ask Spitzer if he got any campaign money from HIS Holdings!

JamiewJgj said...

A blind judge, a crooked lawyer, an Appellate Division that wants to be sure the moneyed party pays into the system and we have NY Justice, which extracts its many pounds of flesh from litigants. Dopey greedy lawyer violated the judicial honor code(there is honor among judges, a subset of thieves)and he will pay the price.

Anonymous said...

I have previously made a complaint about this same Judge. He takes cases on written submission, knowing he cannot see or read the pleadings or view the evidence submitted. When I requested his Oath of Office, there was none on file with the court or in his court room. I am also disabled and suffer from sensorineural hearing loss. I do not doubt that he is a great judge in his area of expertise, but when you rule on cases outside your jurisdiction without having personal knowledge and have to rely on third party info, then you are affecting the substantial rights of that party.

Blog Archive

See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:


               Video of 1st Hearing on Court 'Ethics' Corruption
               The June 8, 2009 hearing is on two videos:
         
               CLICK HERE TO SEE Part 1
               CLICK HERE TO SEE Part 2