tag:blogger.com,1999:blog-4754540220266106237.post6785007853718672601..comments2024-03-17T16:43:50.668-04:00Comments on Coverage Counsel: Parking Garage Found Not Liable for Injuries Caused by Stolen VehicleRoy A. Murahttp://www.blogger.com/profile/06367888044845855898noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4754540220266106237.post-1963247322820446162009-09-01T12:08:59.313-04:002009-09-01T12:08:59.313-04:00Far too often attorneys threaten to make motions f...Far too often attorneys threaten to make motions for sanctions without any support. It's first used as a threat, then it's a motion, then the proponent usually looks stupid and has to backtrack. More often than not, threats are used as a crutch to mask ignorance of the law or out of sheer laziness. I'd be interested in seeing your opposition to the sanctions motion. I'm sure Roy would too.David M. Gottlieb, Esq.http://www.nofaultparadise.blogspot.comnoreply@blogger.comtag:blogger.com,1999:blog-4754540220266106237.post-48518525064562625612009-09-01T10:18:11.350-04:002009-09-01T10:18:11.350-04:00I was the successful attorney for the Defendant in...I was the successful attorney for the Defendant in the Baldwin case -- a very interesting case, and one that I did not, in fact, think I would win. With respect to your comment regarding the Plaintiffs' motion for sanctions, that motion was even more interesting to you than you know. As a prolific blogger, writer and commentator, you should be interested to learn that the actual basis for the cross-motion for sanctions was Plaintiffs' counsel's (erroneous)contention that the affirmation in support of our motion "relied upon out-dated and/or inapplicable law which defense counsel himself has previously stated has no application to the issues before this court" -- referring to an article that we had written ten years earlier in the New York Law Journal. As specifically stated by Plaintiffs' counsel, "... defense counsel has written extensively about the change in the common law and the enactment of VTL 1210(a). Defense counsel then cites numerous cases, some of which he has lectured to his Law Journal readers are no longer controlling...." In my Opposition/Reply papers, I pointed out that, in fact, there was absolutely nothing in the 10-year-old Law Journal article that in any way contradicted or defeated the arguments made in support of our motion, and that counsel had completely misconstrued that article. At oral argument, I made further arguments concerning the chilling effect of what Plaintiffs' counsel was trying to do. The Judge wisely rejected the request for sanctions. Plaintiffs' appellate counsel wisely did not pursue that issue on the appeal.<br /><br />I am sure you already know the risks we take when we place our words, thoughts and opinions "out there." With all of this in mind, your recently created "disclaimer" is particularly pertinent.<br /><br />Jonathan A. Dachs<br />Shayne, Dachs, Corker, Sauer & Dachs<br />(A big fan of this blog)Anonymoushttps://www.blogger.com/profile/04134016898849421776noreply@blogger.com