NY Lawyer Sues Wrong Party, Gets Hit With $13K Bill
A New York attorney who sued the wrong party in an effort to enforce a judgment and then refused to dismiss the suit when the error was brought to her attention has been ordered to pay the defendant $13,287.50 in legal costs.
But the result could have been worse for attorney Regina Felton: Supreme Court Justice Arthur Schack, who sits in Brooklyn, awarded only half of the $25,000 in legal costs that United Equities Inc. sought after apparently being confused by Felton with United Equities Corp. He also declined to award sanctions for filing a frivolous complaint, reports the New York Law Journal.
Lawyers for United Equities Inc. reported informed Felton by phone, by fax and in depositions that she had sued the wrong party. And, Felton says in a brief, she agreed to withdraw the filing if provided with a sworn statement that the company was “in no way connected” with Unitied Equities Corp. However, the judge pointed out, that was essentially what the company had already provided, in its verified answer to her complaint.
A link to Schack’s opinion in Robertson v. United Equities Inc. is provided by the legal publication.
