Home/New York Court of Appeals/Dunn v. Eickhoff

Dunn v. Eickhoff

319 N.E.2d 709, 35 N.Y.2d 698, 361 N.Y.S.2d 348, 1974 N.Y. LEXIS 1304
CourtNew York Court of Appeals
DecidedOctober 8, 1974
StatusPublished
Cited by13 cases

This text of 319 N.E.2d 709 (Dunn v. Eickhoff) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dunn v. Eickhoff, 319 N.E.2d 709, 35 N.Y.2d 698, 361 N.Y.S.2d 348, 1974 N.Y. LEXIS 1304 (N.Y. 1974).

Opinions

Memobandum. The order of the Appellate Division should be affirmed, without costs, on the majority opinion at the Appellate Division, with the following added comments: The disbarment of a lawyer creates no “ nullities ”, the person involved simply loses all license to practice law, that is, to hold himself out as a lawyer or to receive compensation for legal services. As for the infant plaintiff, he is generally bound, with obvious limitations, by those who act in his behalf for better or for worse, but mostly for his benefit (Matter of Hawley, 100 N. Y. 206, 211). Otherwise, as a practical matter, none would be able to deal with an infant’s affairs, to his detriment.

Notably, plaintiffs do not assert or urge that they did not receive able representation or were in any way prejudiced by the occurrence of their lawyer’s disbarment before the verdict was rendered.

Plaintiffs were frustrated not by their lawyer but by the unanticipated verdict in favor of defendants who had sought a mistrial on the ground of the disbarment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Apple Bank for Sav. v. Prime Rok Real Estate, LLC
2024 NY Slip Op 03074 (Appellate Division of the Supreme Court of New York, 2024)
Arrowhead Capital Finance v. Cheyne Specialty Finance Fund L.P.
New York Court of Appeals, 2019
In re the Estate of Garrasi
29 Misc. 3d 822 (New York Surrogate's Court, 2010)
Elm Management Corp. v. Sprung
33 A.D.3d 753 (Appellate Division of the Supreme Court of New York, 2006)
Champion Mortgage Co. v. Capalbi
232 A.D.2d 339 (Appellate Division of the Supreme Court of New York, 1996)
Jenkins Covington, N. Y., Inc v. Tax Appeals Tribunal
195 A.D.2d 625 (Appellate Division of the Supreme Court of New York, 1993)
People v. Pizzaro
146 Misc. 2d 527 (New York Supreme Court, 1990)
People v. Jackson
145 Misc. 2d 1020 (New York Supreme Court, 1989)
Cuevas v. Cuevas
110 A.D.2d 873 (Appellate Division of the Supreme Court of New York, 1985)
In re Daniel C.
99 A.D.2d 35 (Appellate Division of the Supreme Court of New York, 1984)
People v. Felder
391 N.E.2d 1274 (New York Court of Appeals, 1979)
In re the Estate of Lackas
65 A.D.2d 800 (Appellate Division of the Supreme Court of New York, 1978)
People v. Felder
61 A.D.2d 309 (Appellate Division of the Supreme Court of New York, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
319 N.E.2d 709, 35 N.Y.2d 698, 361 N.Y.S.2d 348, 1974 N.Y. LEXIS 1304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-eickhoff-ny-1974.