Key Takeaway
New York appellate court sanctions law firms $1500 and $500 for failing to notify court of settlement, highlighting repeated violations by The Rybak Firm in no-fault cases.
Sanctioned for frivolity or ignorance?
Ultimate Health Prods., Inc. As Assignee of Ansel Leslie v American Tr. Ins. Co., 2015 NY Slip Op 87796(U)(App. Term 2d Dept. 2015)
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, The Rybak Firm, PLLC, counsel for appellant, shall pay a sanction in the sum of $1500 to the Lawyers’ Fund for Client Protection of the State of New York (see Rules of the Chief Administrator of the Courts §§ 130-1.1; 130-1.3); and it is further,
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, the Law Office of Daniel J. Tucker, counsel for respondent, shall pay a sanction in the sum of $500 to the Lawyers’ Fund for Client Protection of the State of New York (see Rules of the Chief Administrator of the Courts §§ 130-1.1; 130-1.3); and it is further,
…
Under the circumstances, the failure of either counsel to promptly advise this Court that a settlement had been reached and that the appeal should not be calendered warrants the imposition of sanctions against counsel in the amounts indicated. It is noted with respect to the amount assessed against appellant’s counsel, the court considered that The Rybak Firm, PLLC, has repeatedly violated the aforesaid rule, and for a second time, failed to respond at all to the court’s order to show cause.
Compas Med., P.C. As Assignee of David Perez v American Tr. Ins. Co., 2015 NY Slip Op 87797(U)(App. Term 2d Dept. 2015)
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, The Rybak Firm, PLLC, counsel for appellant, shall pay a sanction in the sum of $1250 to the Lawyers’ Fund for Client Protection of the State of New York (see Rules of the Chief Administrator of the Courts §§ 130-1.1; 130-1.3); and it is further,
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, the Law Office of Daniel J. Tucker, counsel for respondent, shall pay a sanction in the sum of $500 to the Lawyers’ Fund for Client Protection of the State of New York (see Rules of the Chief Administrator of the Courts §§ 130-1.1; 130-1.3); and it is further,
…
Under the circumstances, the failure of either counsel to promptly advise this Court that a settlement had been reached and that the appeal should not be calendered warrants the imposition of sanctions against counsel in the amounts indicated. It is noted with respect to the amount assessed against appellant’s counsel, the court considered that The Rybak Firm, PLLC, has repeatedly violated the aforesaid rule.
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Apparently, Rybak is a recidivist so he was hit with a progressively larger fine in both cases. I think he will be shooting for $10,000 per case by next year. But, keep your eyes open for Tucker’s firm. They may reach the $1,500 per case sanction by next year.
