Wednesday, December 28, 2011

New York judge benchslaps lawyers for making "disingenuous" argument in motion to dismiss

It's a case involving the tort liability of the Brooklyn Public library in a matter that appeared before Judge Arthur Schack of the New York Supreme Court.  If you're looking for real-life examples to circulate to students this spring on how not to write a brief, you may want to add this one to your file.  From 3 Geeks and a Law Blog:

Justice Schack blasted the defense counsel from Wilson Elser argument as being "disingenuous" and went on to say that the argument "borders upon being frivolous, because it is completely without merit in law." He even puts in a final punch toward the end of the opinion by saying, "The Court finds it interesting that defendants [Brooklyn Public Library] and WHITTAKER did not make their disingenuous lack of a notice of claim argument until they were represented by their new counsel, Wilson, Elser." Ouch…

But wait. It gets better.

Continue reading here.


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