Arrowhead Capital Finance, Ltd. v Cheyne Specialty Fin. Fund L.P.
The Court of Appeals reversed the decision of the Appellate Division affirming Supreme Court’s dismissal of the claims in this case, holding that failure by a nonresident attorney admitted in New York to comply with the requirement to maintain a physical office in the state in order to practice law in New York at the time a complaint is filed does not render that filing a nullity. In dismissing the remaining claims against Defendants without prejudice, Supreme Court found that Plaintiff’s counsel resided in Pennsylvania and there was no evidence that counsel maintained an office of phone in New York when the action was filed. The Appellate Division affirmed. The Court of Appeals reversed, holding (1) a violation of N.Y. Jud. Law 470 does not render the actions taken by the attorney involved a nullity; and (2) instead, the party may cure the section 470 violation with the appearance of a compliant counsel or an application for admission pro hac vice by appropriate counsel. View "Arrowhead Capital Finance, Ltd. v Cheyne Specialty Fin. Fund L.P." on Justia Law