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Mok v. 21 Mott St. Restaurant Corp.

2017 WL 3981308 (2017)

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Mok v. 21 Mott St. Restaurant Corp.

United States District Court for the Southern District of New York

2017 WL 3981308 (2017)

Facts

Brandon Sherr was the attorney for William Mok (plaintiff) in a wage-and-hour action against Mott St. Restaurant Corp. (Mott) (defendant). Mok died on September 22, 2016. Sherr did not inform Mott’s counsel of Mok’s death until eight months later. Sherr claimed he found out Mok died four months after his death. Mok’s death was highly material to determining the value of the wage-and-hour action because Mok had not testified at a deposition and proving the claim would have been exceedingly difficult without him. Before informing Mott’s counsel of Mok’s death, Sherr sought adjournments from the court claiming he was negotiating a settlement on behalf of Mok. The adjournments delayed the filing of a joint pretrial order that would have disclosed Mok would not be a witness at trial. Sherr only disclosed Mok’s death to Mott and the court after he announced that a settlement agreement was reached. Sherr only disclosed the date of Mok’s death after a court order required him to do so.

Rule of Law

Issue

Holding and Reasoning (Castel, J.)

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