In Wells Fargo Bank v. Hunte, 2010 NY Slip Op 50637(U)(Sup. Ct. Kings County 2010), plaintiff's counsel never notified the Court that the mortgage had been satisfied and failed to discontinue the instant action with prejudice. Justice Schack discovered that the mortgage had been satisfied by personally searching the Automated City Register Information System (ACRIS) website of the Office of the City Register, New York City Department of Finance. Plaintiff's counsel, Peter G. Zavatsky, Esq., and his firm, Zavatsky, Mendelsohn & Levy, LLP, are being given an opportunity to be heard as to why the Court should not sanction them for making a "frivolous motion," pursuant to 22 NYCRR §130-1.1.
At a subsequent hearing Justice Schack absolved both Peter G. Zavatsky and the law firm of Zavatsky, Mendelsohn & Levy, LLP of any wrongdoing in the case and withdrew any threat of sanctions.
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