Landlord Can't Appeal Order Imposing Sanctions on Attorney

April 1, 2006

LVT Number: 18765

Landlord sued to evict tenants in six separate nonpayment cases. In each of the cases, the court imposed sanctions of $1,000 against landlord's attorney because the attorney had filed false nonmilitary affidavits. Landlord and its attorney both filed notices of appeal of the court's decisions. The appeals court ruled against landlord. Landlord isn't a party affected by the sanctions order, so it can't appeal. And landlord's attorney can't directly appeal the orders of sanction. Procedurally, the attorney must first ask the lower court to vacate the orders.

Landlord sued to evict tenants in six separate nonpayment cases. In each of the cases, the court imposed sanctions of $1,000 against landlord's attorney because the attorney had filed false nonmilitary affidavits. Landlord and its attorney both filed notices of appeal of the court's decisions. The appeals court ruled against landlord. Landlord isn't a party affected by the sanctions order, so it can't appeal. And landlord's attorney can't directly appeal the orders of sanction. Procedurally, the attorney must first ask the lower court to vacate the orders. If that request is denied, the attorney can file a notice of appeal.

Kennedy Plaza, LLC v. Powell: NYLJ, 3/17/06, p. 26, col. 6 (App. T. 2 Dept.; Weston Patterson, JP, Golia, Belen, JJ)

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