The Second Department in Rotering v. Satz, et al. granted my appeal to reinstate this legal malpractice case after a judge dismissed it. I also won for my client costs against Defendants. The dismissal happened almost one year after litigation and intense discovery of thousands of pages of documents, court appearances and conference orders. I argued before the Appellate Court that the Defendants' affidavits misrepresented facts to the lower court regarding a judgment and they omitted that they violated CPLR 3211[a][8]; [e] by never timely filing to dismiss the complaint in the first place.  Thus, they could not justify a dismissal.

I brought to the Appellate Court's attention Daniels v. King Chicken & Stuff, Inc., 35 AD3d 345 that reversed the same sua sponte dismissal.  In fact, Judge Pagones was the same judge in Daniels who was reversed on appeal there for doing the exact same thing here-sua sponte dismissing a complaint without basis.  I noted Judge Pagones continues the same "errors" after being reversed on clear law prohibiting what he did.  The Appellate Court agreed and reinstated my client's case. Then Judge Pagones recused himself after I moved for recusal and the case settled.  I hope the Judge will stop sua sponte dismissals because that interferes with the purpose of our court system--to provide citizens with a forum to be heard on the merits, not to be silenced without recourse.