Opinion
570293/17
06-11-2018
LAW OFFICE OF ANGELA BARKER, LLC, Plaintiff–Respondent, v. June BROXTON, Defendant–Appellant.
John James, New York City, for appellant. Law Office of Suzanne M. Carter, New York City, for respondent.
John James, New York City, for appellant.
Law Office of Suzanne M. Carter, New York City, for respondent.
PRESENT: Shulman, P.J., Gonzalez, Edmead, JJ.
Per Curiam.
Order (Carol R. Sharpe, J.), dated February 5, 2018, reversed, with $10 costs, the complaint dismissed without prejudice to the commencement of a proper action, the sealing order vacated and the matter remanded for further proceedings consistent herewith.
Judiciary Law § 470, which recognizes a nonresident attorney's right to practice law in New York, requires such attorney to maintain a physical office in this state for such purpose (see Schoenefeld v. State of New York , 25 N.Y.3d 22, 27, 6 N.Y.S.3d 221, 29 N.E.3d 230 [2015] ["By its plain terms, ... the statute requires nonresident attorneys practicing in New York to maintain a physical law office here"]; Lichtenstein v. Emerson , 251 A.D.2d 64, 65, 674 N.Y.S.2d 298 [1998] ["a State may ... reasonably require an attorney, as a condition of practicing within its jurisdiction, to maintain some genuine physical presence therein"] ). Plaintiff's counsel's use of a "virtual office" at a specified New York City address, instead of maintaining a physical office for the practice of law within New York at the time the action was commenced, was a violation of Judiciary Law § 470, and requires dismissal of the underlying action (see Arrowhead Capital Fin., Ltd. v. Cheyne Specialty Fin. Fund L.P., 154 A.D.3d 523, 62 N.Y.S.3d 339 [2017], lv granted 30 N.Y.3d 909, 2018 WL 358301 [2018] ; Webb v. Greater N.Y. Auto. Dealers Assn., Inc., 93 A.D.3d 561, 940 N.Y.S.2d 608 [2012] ; Empire HealthChoice Assur., Inc. v. Lester , 81 A.D.3d 570, 571, 918 N.Y.S.2d 68 [2011] ; Kinder Morgan Energy Partners, LP v. Ace Am. Ins. Co. , 51 A.D.3d 580, 859 N.Y.S.2d 135 [2008] ). The term "office" as contained in section 470"implies more than just an address or an agent appointed to receive process ... [a]nd the statutory language that modifies "office"—"for the transaction of law business"—may further narrow the scope of permissible constructions" ( Schoenefeld v. New York , 748 F.3d 464, 469 [2d Cir. 2014] ; see Schoenefeld v. State of New York , 25 N.Y.3d at 28, 6 N.Y.S.3d 221, 29 N.E.3d 230 ).
Turning to plaintiff's cross motion, 22 NYCRR 216.1(a) provides that courts shall not seal court records except upon a written finding of good cause. The rule also requires courts to consider the interests of the public as well as the parties in determining whether good cause has been shown (id. ). "The presumption of the benefit of public access to court proceedings takes precedence, and sealing of court papers is permitted only to serve compelling objectives, such as when the need for secrecy outweighs the public's right to access, e.g., in the case of trade secrets" ( Applehead Pictures LLC v. Perelman , 80 A.D.3d 181, 191–192, 913 N.Y.S.2d 165 [2010] ). In the instant case, Civil Court failed to specify in detail the grounds underlying any finding of "good cause" for the sealing of all or part of the investigator's report annexed to defendant's motion, but not part of the record on appeal. We therefore remand for a de novo determination on the issue (see Danco Labs. v. Chemical Works of Gedeon Richter , 256 A.D.2d 62, 681 N.Y.S.2d 751 [1998] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.