Legal Question in Personal Injury in New York

Opposing Lawyer Problem

Dear Sirs, I had a severe personal injury in a slip and fall case. Summary judgment went in favor of opposite side. Then appeal #1 lost and then the high court appeal #2 lost. During all this process the attorney for opposing side had me advertised without permission on his web site saying he was successful in defeating me in a lawsuit. I do not like my name on his website. I also think maybe even though my name was on his site before my case was completed possibly swayed a court who someone could have looked him up. Even though chances are slim I feel by advertising success before completion he did some damage to my case by that I mean if someone in the court looked him up and saw he was successful it sways them because when my case was on appeal the judges did not want to read the booklet that was prepared and never gave my attorney the chance to fully explain it during the second appeal. The court refused to allow my case to be heard in the high court and I had to fight legally for that and the opposing side advertises me without permission still to this day. I would like to sue. What recourse do I have against him.


Asked on 8/03/04, 5:28 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Opposing Lawyer Problem

Honestly from what you say I don't believe that you have any recourse.

The jurisdiction of the NY Court of Appels is circumscribed by CPLR article 56 which essentially states that, if a case arising in the supreme court...is dismissed, and affirmed on appeal by the appellate division, absent at least two dissents on a matter of law, no appeal to the Court of appeals will exist as of right.

I surmise the adverse attorney has listed the citation for your case on a website or legal publication, however, I do not understand how that could influence an appellate court.

The simple fact that your case was cited means nothing.

The Justices of the appellate courts would have a greater understanding of the status of your case then any description offered by the adverse attorney.

And once your case was dismissed, then he is not wrong to say so.

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Answered on 8/03/04, 4:56 pm


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