In re Muraskin, 286 A.D.2d 186 (N.Y. App. Div. 2001). · Go Syfert
In re Muraskin, 286 A.D.2d 186 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
17 citation events (17 in the last 25 years) across 4 distinct courts.
Strongest positive: In re Snyder (nyappdiv, 2010-01-14)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) In re Snyder
N.Y. App. Div. · 2010 · confidence medium
Matter of Muraskin, 286 AD2d 186, 187 [2001]).
discussed Cited as authority (rule) Carothers v. Insurance Companies
N.Y. City Civ. Ct. · 2009 · confidence medium
It is now well accepted that when a party to a civil action asserts his or her Fifth Amendment privilege against self-incrimination and refuses to testify, the factfinder may draw an adverse inference against that party (see Marine Midland Bank v Russo Produce Co., 50 NY2d 31, 42-43 [1980]; Matter of Boter, 46 AD3d 1, 7 [1st Dept 2007]; Matter of Muraskin, 286 AD2d 186, 187 [1st Dept 2001]).
discussed Cited as authority (rule) In re Boter
N.Y. App. Div. · 2007 · confidence medium
An adverse inference “may be drawn from respondent’s invocation of the Fifth Amendment privilege against self-incrimination at his deposition before the DDC.” (Matter of Muraskin, 286 AD2d 186, 187 [2001].) The Panel agreed with the Referee’s recommended sanction of disbarment, noting respondent engaged in an “egregious pattern of wrongdoing for years,” and that the extent and nature of the misconduct warranted disbarment.
discussed Cited "see" In Re Saghir (2×)
S.D.N.Y. · 2009 · signal: see · confidence high
See In re Muraskin, 286 A.D.2d 186, 187 , 731 N.Y.S.2d 458 (1st Dep’t 2001) (An adverse inference “may be drawn from respondent’s invocation of the Fifth Amendment privilege against self-incrimination at his deposition before the [Departmental Disciplinary Committee]”); In re Boter, 46 A.D.3d 1, 7 , 842 N.Y.S.2d 411, 420 (1st Dep’t 2007) (same); In re Wallman, 260 A.D.2d 148, 150 , 696 N.Y.S.2d 164, 165 (1st Dep’t 1999) (suspending attorney where uncontested evidence before the Departmental Disciplinary Committee included affidavits of his clients and the adverse inference drawn fr…
Retrieving the full opinion text from the archive…
In the Matter of David
v.
Muraskin (Admitted as David Van Muraskin), an Attorney, Departmental Disciplinary Committee for the First Judicial Department
Appellate Division of the Supreme Court of the State of New York.
Oct 25, 2001.
286 A.D.2d 186
APPEARANCES OF COUNSEL, Christine C. Anderson of counsel (Thomas J. Cahill, attorney), for petitioner., David J. Goldstein of counsel (Goldstein, Weinstein & Fuld, attorneys), for respondent.
Cited by 16 opinions  |  Published

OPINION OF THE COURT

Per Curiam.

Respondent David V. Muraskin was admitted to the practice of law in New York by the First Judicial Department on Febru[*187] ary 25, 1974, as David Van Muraskin. At all times relevant to these proceedings, he maintained an office for the practice of law within the First Judicial Department.

The Departmental Disciplinary Committee (DDC) seeks an order pursuant to 22 NYCRR 603.4 (e) (1) (iii) and (iv) immediately suspending respondent from the practice of law, based upon uncontested evidence that respondent has engaged in professional misconduct and respondent’s failure or refusal to pay money owed a client which debt is demonstrated by a judgment. The DDC further seeks appointment of a receiver of client funds to act as cosignatory on respondent’s firm’s special account.

Section 603.4 (e) (1) permits the immediate suspension of an attorney who is the subject of an investigation or misconduct charges upon uncontested evidence of professional misconduct, upon a finding that the misconduct immediately threatens the public interest (subd [iii]), or upon a willful failure or refusal to pay money owed a client which debt is demonstrated by a judgment or other clear and convincing evidence (subd [iv]).

The uncontroverted showing offered by the DDC on this motion includes (1) the complaint by one of respondent’s clients, indicating that respondent had defrauded him by representing that the amount of the settlement obtained in his case was $325,000, when the settlement amount was actually $725,000, and then paid over to him only $200,000; (2) the default judgment obtained by the client against respondent in the sum of approximately $742,123; and (3) the adverse inference which may be drawn from respondent’s invocation of the Fifth Amendment privilege against self-incrimination at his deposition before the DDC.

The foregoing evidence of misconduct warrants the relief sought. Respondent’s willingness to defraud clients for his own financial gain establishes the contemplated threat to the public interest (see, Matter of Crispino, 250 AD2d 24; Matter of Chan, 240 AD2d 92; Matter of Goodman, 229 AD2d 151; Matter of Mulrow, 226 AD2d 61; Matter of Gallancy, 219 AD2d 298). We need not rely upon the DDC’s postmotion submission of a second client complaint, in which that second client similarly complained that respondent had fraudulently misrepresented to him the full amount of the settlement of his case and then converted a large portion of the settlement proceeds to his own use.

[*188] The branch of the application by the DDC seeking appointment of a receiver over respondent’s client funds, to act as cosignatory on the firm’s special account, is also granted. We conclude that under the circumstances, this mechanism is necessary and appropriate to protect clients and will serve to monitor respondent’s accounts (see, Matter of Wallman, 260 AD2d 148; Matter of Yaris, 233 AD2d 91).

Accordingly, the motion seeking an order pursuant to 22 NYCRR 603.4 (e) (1) (iii) and (iv) immediately suspending respondent from the practice of law until further order of this Court should be granted, as should the request for appointment of a receiver.

Williams, J. P., Tom, Mazzarelli, Lerner and Saxe, JJ., concur.

Respondent suspended from the practice of law in the State of New York, effective the date hereof, until the further order of this Court, and receiver appointed, as indicated.