NOT THE SHARPEST KNIFE IN THE DRAWER: Mistaken Identity
When plaintiff Robert Robertson was awarded a default judgment against United Equities Corp., his attorney, Regina Felton, went after an unrelated company with a similar to get the money, reports New York Law Journal:
In phone calls, faxes and depositions, attorneys for United Equities Inc., informed Felton that she had the wrong entity. …
After she consistently refused to discontinue the action, United Equities Inc. moved for summary judgment and for costs and sanctions.
New York Supreme Court Justice Arthur M. Schack granted summary judgment last year and has awarded $13,287.50 in costs because “Ms. Felton's continuance of the action against the wrong defendant UEI, ‘is completely without merit in law’ and ‘asserts material factual statements [about UEI] that are false.’”
Matthew Hearle, who represented United Equities Inc. in the matter, tells New York Law Journal that people often confuse LLC's and corporations with similar names, but that “once [it] is explained to plaintiff's counsel, it's discontinued. That's why this became such a megillah” [explanatory link added by The Stiletto].
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